Legal Question in Criminal Law in California

I am a victim/witness in a malicious harassment criminal case. The defendant and I go back as far as 2002. He has several times over the years harrassed and struck me. This is the first time there were witnesses and I am pressig charges. We are both male and we had a legitimate joint business transaction go bad. He blames me for the loss. I won the civil suit. He threatened to kill me as we walked out of court with my attorney.

He has a history of assault and domestic violence.

I don't want to cross the line in the criminal trial and create a mistrial.

1) Should I mention the previous times he hit me or wait for the prosecutor to ask about that if he chooses to?

2) Should I mention at trial that I know about his assault and domestic violence history since that is one reason I chose to call the police this time. He doesn't seem to be able to control himself. Or would that cause a mistrial?


Asked on 9/18/09, 8:19 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You should only answer the questions that are put to you. Do not blurt out any additional information. If you want, you can discuss your information with the prosecutor ahead of time so she can decide what questions to ask.

Some information is inadmissible and prejudicial. If you provide such information, the court may have to declare a mistrial. The lawyers will have a much better idea of how to avoid this than you will.

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Answered on 9/18/09, 9:00 pm


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