Originally posted on Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges:
By Collin County Criminal Defense Lawyer Jeremy Rosenthal
One of the most common questions that I am asked is whether the countless years or decades of a clean-record counts for anything at trial. The good news is that it does but theres lots to consider.
Texas rule of evidence 404 is a rule which discusses when character evidence is relevant, what limitations are on the types of character evidence may be admitted, and when character evidence may be appropriate.
Generally evidence of “a persons” character is not admissible at all to prove conformity therewith on a particular occasion. The exceptions, though, tend to swallow the rule.
Tex.R.Evid. 401(a)(1)(A) allows the defense to proffer character evidence of the accused in a criminal case. The same rule allows the prosecution to attack that character evidence if the defense “opens the door” by injecting character as an issue.
Remember — there…
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