Can the Police Use My Criminal History Against Me In a Lawsuit?

Going up against the police is stressful in the best case scenario—and when you’re worried about your criminal history being used against you, you are far from the best case scenario. You may worry about your past criminal record coming up in court, harming your case and dragging your name through the mud. If your case involves aggressive police behavior and misconduct, it’s time to discuss your concerns with a police misconduct attorney in California.

At the Law Offices of Dale K. Galipo, we advocate fiercely for the victims of excessive force and misconduct. Attorney Dale K. Galipo has a long history in the field of police misconduct, helping victims hold police departments accountable and get the closure they deserve. Find out how we can help you—set up a time to discuss your case by calling our police misconduct law firm at 818-347-3333.

Character Evidence vs. Relevant Evidence

It’s important to note that criminal history is not always relevant in a lawsuit. Civil courts don’t allow evidence to be introduced if it exists solely to show that someone has a questionable character. Even if you have a criminal record, the police cannot simply bring it up in court to suggest that you “deserved” what happened or caused it through some sort of misbehavior.

To introduce evidence in a civil court case, a party must show that it is directly relevant. Judges balance important factors when deciding whether or not to allow criminal history evidence. First, they consider whether or not the evidence proves something important about the case. Second, they think about if the evidence will lead the jury to make decisions based on bias instead of fact. Your California police misconduct lawyer will help you understand if your criminal history is relevant in your case.

If the risk of unfair prejudice outweighs the value of the evidence, it may not be allowed in court.

When Criminal History Becomes Relevant in a Lawsuit

One party may bring up the other party’s criminal history if doing so legitimately questions the witness’s credibility. If someone has been convicted of a crime involving fraud or dishonesty, the other party may use that to raise questions about whether or not the plaintiff is telling the truth. Even if criminal convictions are admissible in court, a judge may opt to limit their use if they would unfairly sway the jury. From the very beginning, police misconduct attorneys take steps to try to limit the use of evidence that may paint their client in an unfair light.

Arrests and Charges

So far, our discussion has focused on criminal convictions. However, there’s also many people who worry about past arrests and charges coming up in court. Courts generally do not allow evidence of arrests, charges, and accusations if they did not ever result in a conviction.

An arrest or formal criminal charges do not prove that someone committed a crime. Allowing this information may unfairly prejudice the jury, which is why it’s typically not permitted.

Special Issues in Lawsuits Against Police

Criminal history questions often come up in litigation when defendants are facing a police misconduct attorney and their client. This includes cases focused on officer-involved shootings, excessive force, and false arrest. Defense attorneys may try to bring up this information to suggest that the officer was justified in their actions. However, judges often do not allow this information to be used, because it detracts from the actual issue being discussed—whether or not the officer acted lawfully.

The Importance of Pretrial Motions

Working with a police misconduct lawyer can put you in a stronger position if you’re afraid of your criminal history coming back to affect your court case. Your lawyer can use pretrial motions to ask the judge to either allow or exclude certain evidence. If they believe that evidence may unfairly prejudice the jury, the judge will then review these requests and decide whether or not to allow the evidence.

Take the First Step in Your Los Angeles Police Misconduct Case Now

If you’re concerned about how your criminal history may affect your case against a police officer, let’s talk about your options and the potential outcomes of your case. Give us a call at 818-347-3333 or reach out online now.