Q: If the a prosecutor depends solely on 404b evidence to convict on a criminal case will the judge allow 404b evidence?
If the prosecutor depends on prior acts to get a conviction does that mean the case is weak? I'm being tried on a promiting prison contraband charge and I was never found in possession of the actual contraband. It was found in my living area.
A: Every piece of evidence in a case is always subject to a 403 analysis. That means if the evidence is good and can be admitted, it still must be shown to be "relevant" an "not unfairly prejudicial". Whether a case is strong or weak is entirely on a case-by-case basis and can't be analyzed on a website like this. Your attorney must have analyzed the case, along with the state and the judge, and made arguments accordingly to your behalf. If not successful, it's likely best to focus on what defenses you DO have and don't spend time reanalyzing your 404b ruling, unless you're sure the caselaw supports your position and you can articulate it to another court. That's a huge mountain to climb.
1 user found this answer helpful
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.
