can I present someone’s criminal record in court?
I have obtained the criminal history on someone who has violated the law and would like to present it as evidence in a california court of law…can I attach this to the order to show cause?….is it legal to do this?
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Super Trooper January 20th
Usually Criminal records are a public record and anyone can have access to them. Just be sure they are or were not a Juvenile at that time. To be sure though, you should check with a competent attorney.
Nani January 20th
You have to submit your discovery ahead of time for the court to approve. Sure, try it, and the court will decide on your discovery motion.
old lady January 20th
Are you serving as your own lawyer? Is this a charge laid by the state or a civil suit, brought by you? There are different rules in different courts and in different states. To make sure you can do this, check with a lawyer or the prosecutor’s office. If you bring it in and it is unacceptable, you could be laying the grounds to have the case tossed out, so play it safe and check it out before you act.
me January 20th
If it is relevant to the current case, it may be admissable. If it is not relevant you would not be permitted to present it. Ultimately this is a judge’s decision.
icaruscatfish January 20th
Not sure how this applies to Californian law, but I know in the Australian legal system (based on the British model as is most US law), a person’s criminal history cannot be raised during a criminal trial or court hearing. It can be raised however once a guilty verdict has been reached and the Judge or Magistrate can consider this in sentencing. In the case where someone is not on trial for a criminal act, such as child custody hearing, or a divorce procedure, a person’s criminal history can be used as evidence.
alaskasourdoughman January 20th
In a criminal case, you cannot bring it evidence of other wrongs to try to convince a jury that he/she did wrong this time too. If its a civil domestic violence case, and you are seeking protective order, yes, criminal evidence of past related domestic violence is admissable.
mikeysco January 20th
Your question leaves more unanswered than answered.
What do you mean you have someone’s criminal history? If you have a true criminal history as maintained by the state, you may well be in unlawful possession of the document. Criminal history in California is very tightly controlled and I can’t imagine how you would have obtained a true criminal history record.
What is the purpose for presenting this information? It might be entirely irrelevant, but without knowing what kind of case you’re talking about, it’s not possible to comment.
You’ve mentioned an order to show cause, which could be either civil or criminal. I’m not sure why criminal history would be relevant to an OSC, but like I said, I have no idea what you’re doing here.
Your best bet is to consult with an attorney. What you’re proposing to do might be everything from inappropriate to illegal.
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