Can a Minnesota Prosecutor Use Prior Bad Acts Against You in a Domestic Abuse Criminal Case?
What evidence does the jury get to see in your criminal case and how will it motivate them? If you are facing criminal charges in Minnesota, it is always important to determine what evidence might be used against you. One of the key questions is frequently whether or not any so-called “prior bad acts” evidence could be admitted against you. This discussion will generally exclude the question of criminal convictions or even the question of something called “opening the door.” If you are facing serious criminal charges in Minnesota, sit down with an experienced criminal defense attorney to discuss your case. This is may be critical for you.
What is the General Rule of Prior Bad Acts and Admissibility?
According to the Minnesota Rules of Evidence 404b, evidence of prior bad acts generally “is not admissible to prove the character of a person in order to show action in conformity therewith.” In other words, bringing evidence in to show that you have a bad character and then using it to to argue that you likely committed this crime based upon that bad character. In non-domestic and non-relationship circumstances, so-called Spreigl evidence may be admissible, there is a 5 step process. However, in Domestic Abuse cases, that 5 step process in not required.
What Happens if I Had a Domestic or Household Relationship with the Complaining Witness?
If the answer is yes, there is an exception to the to the 404b exclusion of evidence. The next question is whether the charges are considered acts of domestic abuse under Minnesota Statute 518B. Domestic related charged may include:
Domestic assault - fear of imminent harm;
Domestic assault - physical hard;
Violation of a No-Contact Order;
Violation of an Order for Protection;
Felony Assault with physical injuries, i.e. 3rd degree felony assault;
Interference with a 911 call;
Felony Threats of Violence or Terroristic Threats;
Criminal Sexual Conduct.
If so, it is likely that evidence of prior bad acts could be admissible as prior acts of domestic abuse pursuant to Minnesota statute 634.20. Some judges will simply let in unchecked allegations without any proof which requires a much different fight to address them. The standard to generally exclude is whether the prior conduct’s probative value is substantially outweighed by the danger of unfair prejudice to the the person charged. This distinction, however is important because there is still a critical requirement of fairness to anybody charged with a crime and the State must still prove its burden rather than simply prove that you are a bad person.
This evidence may also be kept out under other circumstances including:
confusion of the issues;
Misleading the jury;
Undue delay;
Waste of time;
Needless presentation of cumulative evidence.
What Happens if I Knew the Person Previously but it Wasn’t a Domestic Relationship (or Domestic Charges)?
Relationship evidence may still come in under certain circumstances. This is not so-called “Spreigl evidence” which will be addressed in a different article. This is character evidence to show a strained relationship between the parties who know one another. Typically, this could be admissible to establish:
Course of conduct;
Attitude of the defendant regarding the victim;
Malice;
Motive
Opportunity;
Intent;
Absence of mistake;
History of the relationship.
In the end, the purpose, according the government, is that it is to place the offense in the contest of this relationship. The problem with admissibly in this case is that in the end, this evidence also makes the person charged look terrible which is also one of the reasons that it is usually offered into evidence.
If you are facing serious criminal charges because of a domestic related situation or because you previous knew the complaining witness prior to the charges, you should consult with an experienced Minnesota criminal defense attorney immediately. Because of the rules of evidence, a lot of allegations, some of which may be unchecked or even false, could be admissible.
Go with the Best
Jack Rice is a Board Certified Criminal Law Specialist, former Minnesota prosecutor, former CIA Officer, and Founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.