Q: Is a previous unreported and privately settled crime useful for PD & DA investigating and trying the case?
Individual arrested grand larceny 2nd for stealing more than $50k from employer. Individual committed similar crime about 8 years ago but in lieu of pressing charges the employer agreed to restitution + 30% ($130k). Would this info be helpful to police and prosecutors to establish a pattern? Would it be admissible if PD were able to interview the other prior employer?
If you are for the Defendant. You may not want to volunteer other acts because depending of the facts of the case it may be admissible. The fact that they didnt press charges, doesn't help the client it only hurts because an ADA can argue he was given a chance and is still doing the same things.
If you are for Prosecution: Yes give the ADA the information. They will give it to the defense counsel in discovery, if they intend to use. It will be up to the defense to file motions to see whether this information is indeed admissible.
It depends; the law of evidence on this is straightforward and simple though.
If the probative value of the previous crime outweighs the potential prejudice to the defendant, then absent a gag order, it is in. If the judge finds the evidence to be to prejudicial it will be out.
A lawyer should make this argument for you. Feel free to contact me via our website (AG3LAW.com) for a free phone consultation or text “legal inquiry” to 9149121555 and and attorney will get back to you within 24 hours for a free phone consultation.
This sounds like the sort of case we could handle quite effectively and our rates are very competitive considering we are well recognized in this area of law (https://www.attorneyandpractice.com/) as I was named a “top 10 Criminal Lawyer in NY” yet still offer services at a rate of $180 an hour for attorneys fees and $65 an hour for paralegal fees.
Hope we can help,
Feel free to contact me
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.