The Value Of Character Evidence
Attorneys often use whatever legal angles they can employ when defending a client. One interesting and sometimes debated issue is a concept called character evidence.
Character is descriptive terminology often used to demonstrate who you are as a person.
One side might attempt to portray you positively and highlight your attributes. However, the opposing faction will try and refute those claims. For example, if facing criminal charges, the prosecution in a criminal case might attempt to portray you as a deviant personality with questionable moral traits.
Character evidence is most often employed during a proceeding’s sentencing stage. It is not uncommon for prosecutors to utilize your past transgressions or behaviors in an attempt to convince adjudicating authorities that you deserve the stiffest possible penalties.
Is Character Evidence Admissible In Court?
Criminal law prohibits the use of character evidence during the trial phase. Therefore, prosecuting attorneys are not permitted to formally introduce your personality traits or attitudes as a means of convincing ruling bodies that you are a criminal or such behaviors and thoughts are the reason you committed the crimes you have been accused of.
That said, you and your legal team can introduce character evidence to rebuff claims made against you provided such testimony is pertinent to the proceedings at hand. However, prosecutors are also allowed to challenge and refute these claims.
The Differences Between Habit And Character
Unlike character evidence, one of the best drug case lawyers cautions that prosecutors are permitted to and often do use your documented habits against you.
In legal terms, habits are categorized as repeated questionable, deviant, or criminal behaviors. Courts deem habits as admissible evidence because they establish patterns of discernible, accomplished actions of consequence.
A case in point demonstrating habit could be an accused armed robber frequently visiting the location or locations said individual ultimately stole from over a period of time.
Prosecutors could potentially introduce this habit as evidence suggesting that the alleged perpetrator visited said establishments, neighborhoods, or entities solely as reconnaissance missions used to gather the information they needed to formulate plans to carry out such offenses.
Reaching Out To Brennan Law Offices
Topics like character evidence and habits can be complex and relatively confusing. However, when properly applied, they can have a profound impact on the outcome of your case. If you have been charged with a crime, we encourage you to contact me. Many past clients and legal officials widely consider William J. Brennan as the best criminal defense lawyer in Philadelphia.
For more information about this practice or the services offered, please stop by https://www.philadelphiacriminallaw.com/.