Can the D.A. Use Evidence of Your Prior Arrests Against You?
When you are in court for a DUI or a drug crime, you may be concerned that the D.A. will use evidence of your prior arrests against you to secure a conviction. If you were arrested for the same crime previously, you may fear that your previous arrest will be used to show that you committed the crime this time. You will be glad to learn that Oklahoma has limitations on how evidence of previous arrests and convictions can be used in court.
Often previous arrests have no relevance to a later arrest, because arrests do not mean that you were found legally guilty of a crime. The law says that evidence of previous crimes or acts is not admissible to prove your character in order to show that you later acted in conformity with that character. 12 O.S. § 12-2404. In other words, just because you were arrested for doing something in the past does not mean you have a criminal character leading to you committing the current crime of which you are accused.
In some circumstances, however, the prosecutor can bring in evidence of your previous arrests. He may want to use the arrests or your actions leading to the arrests to show “proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident.” 12 O.S. § 12-2404. The D.A. can use evidence of prior convictions or crimes for which you were not prosecuted to show these things as well.
In addition, the District Attorney can use evidence of your previous criminal convictions to impeach you as a witness. This means that after you testify in your defense, the D.A. shows the jury evidence that attacks your credibility. Some prior conviction evidence can be used to attack credibility. For example, the D.A. can admit evidence that you were convicted of a crime for which the sentence was death or imprisonment for more than 1 year. 12 O.S. § 12-2609. For this evidence to get in, the court must determine that the probative value of admitting this evidence outweighs its prejudicial effect on you. The D.A. also can get in evidence that you committed a crime involving dishonesty or false statements (such as perjury). 12 O.S. § 12-2609.
If your convictions are more than 10 years old, usually they will not be admitted as evidence. Again, to admit them, the court must find that the probative value of admitting this evidence outweighs its prejudicial effect to you. 12 O.S. § 12-2609. There are some exceptions if the prior convictions were for sexual offenses related to children. Evidence of crimes for which you received a pardon or annulment cannot be admitted if you were found innocent or if you were not convicted of a subsequent crime.
Have you been charged with a DUI or drug crime, but you have previous convictions or arrests? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, can advise you on the additional penalties you may face if convicted. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.