Q: Hello, I had a case in Ohio back in 2014 for child endangerment. I took a plea deal and the charge was reduced to disord
Disorderly conduct. I now have a new case in Texas for Injury to child that I'm taking to trial. The prosecutor wants to bring up my old original charge, can he do that?
A: A prosecutor may bring prior convictions of dishonesty, such as fraud, or any felonies. Disorderly consumer does not fall within these, and is what you were convicted of.
Dimitrios Makridis agrees with this answer
A: You need to talk to a lawyer in Texas. The rules vary from state to state but the prosecutor may well seek to introduce such evidence as evidence of prior bad acts even if you do not testify and even though the offense is neither recent or serious as convicted. It's evidence rule 404b in Ohio and there is likely something similar in Texas. There will be a big argument between the lawyers about whether or not this can come in.
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