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?
A:
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.
A:
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
Aubrey
914-912-1555
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