If you are facing allegations of white collar crime such as fraud, embezzlement or insider trading, you may be wondering if a prior conviction can be used against you. The answer depends on the nature of the past offense, its relevance to the current charges, and how the court interprets the rules of evidence.
The experienced Los Angeles White Collar Crime Defense Lawyers has Werksman Jackson & Quinn LLPhave defended clients in some of the most high-profile white collar crime cases in California and across the country. We know how prosecutors think and we understand how to thwart their tactics when they try to use your past against you.
Let's take a look at when a prior conviction may be admissible, what the law says about the rules for character evidence, and how top defense attorneys respond strategically when your legal history is at risk of exposure to a jury.
When are previous convictions admissible?
In criminal trials involving white-collar chargesCourts generally want juries to focus on the evidence in the case at hand, not the defendant's past behavior. The general rule is that evidence of a defendant's wrongdoing or prior criminal convictions is not automatically admissible, especially if the intent is to show that they are of dubious character.
Pursuant to Rule 404(b) of the Federal Rules of Evidence and California Evidence Code §1101, prosecutors can introduce previous records or convictions for specific purposesfor example to demonstrate:
- Pattern
- Intention
- Awareness
- Opportunity
- Common scheme or plan
In a white-collar crime case, prosecutors may argue that a prior fraud conviction demonstrates deceptive intent, particularly if the current charges involve similar conduct. This is why prior convictions in a white collar crime defense require prompt and aggressive legal action.
Rules and exceptions regarding character evidence
In general, the rules relating to character evidence prohibit prosecutors from introducing a the person's criminal record only to show that they are capable of doing bad things
However, there are times when morality evidence can come into play:
- If a defendant chooses to testify, their credibility may be called into question, especially if they have previous convictions for crimes involving dishonesty or false statements.
- If the defense presents evidence of good character, the prosecution may be allowed to rebut it with contrary evidence, including prior misconduct.
- Certain felony convictions that occurred within 10 years may be admitted for impeachment purposes, particularly if they reflect the truthfulness of the accused.
This means that even if your previous conviction has nothing to do with the current charges, it could still be raised if you appear in court. Strategic defense attorneys evaluate these scenarios early on to determine whether putting the defendant on the stand is worth the risk. HAS Werksman Jackson & Quinn LLPThis analysis is a major consideration as we prepare for trial.
When previous convictions are similar to current charges
If the previous conviction accurately reflects the current allegations, prosecutors could do everything possible to have that information presented to the jury. Their objective is clear: to sow doubt and suggest a model.
This is precisely where an effective trial strategy comes in. A defense team could:
- File a pretrial motion to block the introduction of prior convictions, arguing that they are more prejudicial than probative, as permitted by Rule 403 of the Federal Rules of Evidence.
- Emphasize the differences between previous and current accusations, undermining any pretense of a common plan or intention.
- Prepare to neutralize information during jury selection and opening statements if the court finds the previous convictions admissible.
Criminal History and White Collar Charges
Here are some common white-collar offenses for which the defendant's criminal history could impact a trial.
- Electronic fraud: Previous fraud convictions may suggest a pattern or intent.
- Embezzlement: Previous accusations could be used to argue about access and opportunity.
- Healthcare fraud: Particularly vulnerable to arguments over shared plans or intentions.
- Corruption and corruption: Past ethical violations may be relevant if intent is disputed.
Legal strategies to protect yourself
Werksman Jackson & Quinn LLP takes deliberate, tactical and aggressive measures to protect our customers.
Early eligibility risk assessment
Before a case even goes to trial, we evaluate how your criminal record could be used and fight to limit it.
Movements in Limine
We file pretrial motions to prevent the prosecution from presenting character evidence or asserting past conduct without proper legal basis.
Testimony of an expert witness
Testimony from experts in forensic accounting, psychology, or business practices can shift attention away from past conduct and focus on the facts of current charges.
Selective disclosure
It may be better to choose to disclose certain elements of a criminal record under controlled circumstances rather than allowing the prosecution to surprise the jury. This tactic is tricky and should be handled with care.
Reasons to choose our company
If you are under investigation or have been accused of a white-collar crime and have a criminal record, it is essential to have the right legal team on your side. This means finding someone who knows how to aggressively protect your rights in court by challenging the admissibility of evidence and controlling how it is presented.
HAS Werksman Jackson & Quinn LLPour attorneys include former federal and state prosecutors with unparalleled judicial skills and decades of success defending white-collar crimes.
Speak with a Trusted Los Angeles White Collar Defense Attorney
If you are facing prosecution for a white-collar crime, it is time to seek elite legal representation. The government is already building its case against you. Don't wait until it's too late to protect your future.
HAS Werksman Jackson & Quinn LLPour lawyers have decades of experience handling complex issues defense against white collar crime in federal and state courts. From tax fraud and embezzlement to health care fraud and securities violations, we know how prosecutors operate and how to dismantle their cases.
Call (213) 688-0460 to plan your free consultation Today.
