Legal Question in Personal Injury in California

past criminal record brought up

My brother is in the middle of a personal injury law suit. He had a criminal past but has been in no trouble in the last 12 years. Someone told him if he went to jury trial his ''past'' could be brought up and perhaps look bad to the jury. Can they bring that up in court on a personal injury case? I would think it is illrelivent to his case.


Asked on 4/01/08, 6:39 pm

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: past criminal record brought up

A felony may be brought up to provide evidence that a person's testimony might be unreliable. However, because the conviction was at least 12 years ago, his lawyer should file a motion in limine -- i.e. a motion to limit use of certain testimony -- to prevent that information from being disclosed to a jury. It is, indeed, ancient history and has no relevance, from the facts you have mentioned.

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Answered on 4/03/08, 4:13 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: past criminal record brought up

Mr. Cohen has given you excellent advice. Follow it!

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Answered on 4/03/08, 4:35 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: past criminal record brought up

If he testifies, and he will have to do so, they can and will ask if he has ever been convicted of a felony. The details will be inadmissible at trial unless the attorney representing your brother commits malpractice and does not get a prior court order to keep it out of the case.

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Answered on 4/03/08, 8:36 pm


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