Legal Question in Criminal Law in California

can a prior conviction of insurance fraud be used in court to show intent in a petty theft case?


Asked on 5/12/11, 4:31 am

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Possibly. If the prosecution seeks to introduce it under Evidence Code 1101(b), the judge would have to rule on whether or not it was sufficient to prove intent or if was just inadmissible character evidence. The facts of the prior and the new case would matter.

If the defendant testified in trial, the prior could also be used to impeach their credibility, but not necessarily to prove intent.

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Answered on 5/12/11, 6:21 am


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