Prior Criminal Acts in Criminal Trials Los Angeles

June 18, 2022

During a police investigation in Los Angeles, LAPD and other police will run a “rap sheet” for the person they are investigating. A “rap sheet” is short for “records of arrest and prosecution”. If you have been arrested before, the police will often use it against you. For example, if you have a DUI arrest in Los Angeles before being arrested again, the police will be suspicious that you are drinking and driving in Los Angeles again. If on the other hand, you are being investigated for domestic violence in Los Angeles, the police will run your rap sheet to see if you have been arrested for domestic violence or domestic battery in the past. If your get arrested for a crime in Los Angeles, the police will submit its police report to either Los Angeles City Attorney, for most misdemeanors, or to Los Angeles District Attorney, for felonies.

DOMESTIC VIOLENCE LOS ANGELES

Because almost all Los Angeles Domestic Violence in Los Angeles is initially investigated as felonies, any Los Angeles Domestic Violence arrest is first likely to be submitted to the District Attorney’s Office. If the Los Angeles District Attorney decides that your case should be prosecuted as a misdemeanor, they will refer it to the Los Angeles City Attorney’s Office. There, the prosecutor will decide what charges to file. In the case of a DUI investigation, the process is sometimes reversed. Most DUI arrests are misdemeanors, however, if the Los Angeles City Attorney Decides that you have previous crimes that qualify you for a felony DUI, they will refer your case to Los Angeles District Attorney for felony filing.

1109 EVIDENCE

If a criminal case is filed, the prosecutor will print the RAP sheet and give it to your Los Angeles criminal defense attorney. In the RAP sheet, all previous arrests and prosecution will be shown. If you are charged with Domestic Violence, the prosecutor will usually give a notice that they intend to use all previous evidence of domestic violence acts, whether prosecuted or not. For most crimes, evidence of prior bad acts is inadmissible to show the likelihood of committing other bad acts. This law comes from California Evidence Code section 1001. However, Domestic Violence is excepted from Evidence Code section 1001 by Evidence Code section 1009, which specifically allows admission of prior domestic violence acts, whether charged or not. To be admitted, the 1009 prior bad act conduct probative value must not outweigh the prejudice against the defendant. Also, the evidence must be similar to the charged offense. Also, the evidence cannot be too remote (happing a long time ago) under People v. Falsetta (1999) 21 Cal.4th 903. Also, if such evidence of prior bad acts is presented, a jury instruction, CALCRIM No. 852 has to be given to tell the jury that the evidence of prior bad acts by itself is insufficient to prove the charged crime.

For case-specific analysis or to chat with a Los Angeles Criminal Defense and DUI attorney, please call us directly at (818) 921-7744.

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