This is happening more and more in sex crime cases in Los Angeles. The prosecutors will file what typically would be a weak case against somebody, but then they'll bring in a bunch of other instances that are not charged that occurred before or after the charges pending in criminal court.
They'll try to get those in against a defendant, and then you have a lot of defendants who are upset saying, wait a minute, I was never charged with those, or those were the wrong case.
They'll even bring in prior convictions against you, and people don't like that, but there's an Evidence Code Section 1101 and several other Code sections that come right after that talk about when prosecutors can bring in other sex acts.
Similar Sex Crimes with Common Theme
If the person they're accusing of a particular crime has committed similar crimes with the same type of common plan or scheme, then that would certainly be relevant to show this is not an accident. This is not a mistake.
This is what this guy/woman does, and they intend to commit an illegal sex act versus whatever the defense is in the case where the person is saying, I thought they consented to it or whatever they're trying to say.
They're bringing in these other evil acts to try to refute that, and, what comes next if the judge decides, I see what you're trying to do prosecutors – I'm going to let you do this. The following evaluation by the judge under Evidence Code Section 1101 and Code Section 352 is they're going to now do a wang to say if we let this in, is it fair to this defendant?
Is it prejudicial to this defendant? It's always prejudicial to the defendant. The question is how prejudicial and how close are the other cases? So, the judge has to do this weigh-in these sex crime matters in Los Angeles and decide whether or not they're going to let in these other cases – whether the other cases are cases that haven't been filed.
They're just going to call a witness and say, this is what the guy did to me, and then the defense attorney is going to say, wait a minute, were any charges ever filed? No. They don't care. They're still going to bring it in, and they can even bring in other convictions that the person has that relate to these arguments that it's a standard plan and scheme.
California Evidence Code Section 1101
There's a whole bunch to provide identity, to prove motive. There's a complete list under Evidence Code Section 1101 to bring in these other cases against the person. So, if you're charged with a sex crime and they're trying to bring in a bunch of different topics.
I have people come in – I've been doing this twenty-five year – we talk about it, we see what's going to be attempted to be gotten in, and then I try to file a motion to block it from coming in. Some might come in; some might not come in.
Ultimately, it will be up to the judge to do this 352 want to see how prejudicial versus probative the evidence is. In other words, how relative is it versus how bad it's going to make the other person look?
What they can't bring in is evidence of the bad character of the other person, and of course, this is precisely what this is. It's showing that the person has a bad character and they're doing bad things, so they're going to ram it under this Evidence Code Section 1101.
So, if you have one of these cases, we have you come in, go over it, and start making strategic decisions on exactly how we're going to defend you in your sex-related offense in Los Angeles County.
A free initial consultation is your best step for more information against sex crime charges. Get the information and legal answers you seek by calling (213) 542-0979 today.