Mahoney

  • Our Team
    • Column Team
      • Team
      • Kevin J. Mahoney
      • Joan M. LeGraw
      • Georgia Pasqualone
      • Roisin
  • Practice Areas
    • Column One
      • Drug Offenses
      • Crimes of Violence
      • Sex Crimes
      • Motor Vehicle Offenses
      • Theft Crimes
      • Illegal Possession of Firearms
      • Obstructing Justice Offenses
      • White Collar Crimes
      • Federal Defense
      • Probation Violations
      • Restraining Orders
      • Professional Misconduct
      • Custody of Domestic Pets, Dogs & Cats Litigation
    • Column Two
      • Cyber Crimes
      • Hate Crimes
      • Appeals
      • Clerk Magistrate Hearings
      • Immigration
      • Civil Litigation
      • Civil Suits Against Law Enforcement
      • Personal Injury
      • College Crimes
      • Title IX Investigations
      • Juvenile Law
      • Estate Planning & Asset Protection
      • Last Will and Testament
      • Representation Before DCF
  • What Should I Do?
    • Cloumn One
      • Selecting a Winning Lawyer
      • Recommended Lawyers
      • Succeeding With Your Lawyer
      • Right to a Telephone Call
      • Miranda Rights
      • Should I Speak with Police?
      • Coping With Stress of Court
      • Bill of Rights
      • Mass Declaration of Rights
      • Street Encounters or Terry Stops
      • Cooperating With DEA or Police
    • Column Two
      • Common Defenses
      • Right to Self-Defense
      • Reasonable Doubt
      • What to Wear to Court
      • How to Behave in Court
      • Overview of the Justice System
      • Massachusetts Criminal Defense Lawyer
      • Cambridge Drug Trafficking Lawyer: Knock and Talk
      • Motor Vehicle Searches
  • Forensics
    • Column One
      • Forensic Experts
      • Preserving the Crime Scene
      • Collecting Evidence
      • Trace Evidence
      • Fingerprint Evidence
      • Autopsy
      • Gunshot Wounds
      • Stab Wounds
      • Drowning
      • Child Homicide
      • Rape Kit
    • Column Two
      • DNA Evidence
      • Forensic Dentistry
      • Forensic Botany
      • Toxicology
  • Mahoney in the Media
    • In the News
    • TV Appearances
  • Testimonials
  • Blog
  • Contact

Keeping Out Prior Bad Acts

April 8, 2012 by Kevin Mahoney

Challenging the Prosecutor’s Evidence: Keeping Out “Prior Bad Acts”

If you have a criminal record, the prosecutor may try to introduce evidence of your “prior bad acts” in your criminal trial. This type of evidence is allowed (is “admissible”) only in limited circumstances, but do not expect the judge or the prosecutor to guard your rights in this regard. You need a savvy Boston criminal defense lawyer, who understands the rules of evidence, to prevent prior bad acts evidence from reaching the jury and unfairly influencing the outcome of your trial.

The Federal Rules of Evidence govern the types of evidence that are admissible at trial in federal court. The Massachusetts Guide to Evidence does the same for trials in Massachusetts state courts. Both the federal and the state rules limit the introduction of evidence of a defendant’s “prior bad acts.” Specifically, a prosecutor may not use this evidence as proof of the defendant’s bad character; or to show the defendant’s propensity for committing the same type of crime; or to prove the likelihood that the defendant committed the particular crime at issue in the trial. However, the law does allow a prosecutor to introduce evidence of prior bad acts for other purposes, including to establish motive, opportunity, intent, preparation, plan, knowledge or identity. Thus, for example, if a defendant is on trial for bank robbery, the prosecutor may not tell the jury about the defendant’s prior bank robberies if the only reason for doing so is to cast the defendant as a “bank robber” or a “criminal character.” If, however, all of the bank robberies share the same distinctive modus operandi, then the jury may learn about the past robberies as a means of connecting the defendant to the current robbery.

A smart Boston criminal defense lawyer will file a motion (a formal, written request) with the court, challenging the admissibility of prior bad acts evidence on the ground that it is “more prejudicial than probative” or, in other words, “more harmful to the defendant than helpful to the jury” Your defense lawyer can argue persuasively that jurors often find it difficult to view evidence of prior bad acts without assuming that the defendant has a propensity to commit the same types of crimes again and again. Jurors may also see prior bad acts as a negative reflection of the defendant’s character or moral values. Either way, evidence of prior bad acts may interfere with the defendant’s right to a fair trial. If the prosecutor cannot prove that the value of this evidence to the jury in deciding the case is greater than the potential harm or unfairness to the defendant, then the court should not admit it.

Contact a Boston Criminal Defense Lawyer

If evidence of prior bad acts may be an issue in your trial, contact us. Let us review the facts of your case, analyze the relationship between your prior acts and the current charges you are facing, and take proactive steps to protect your right to a fair trial.

Kevin J. Mahoney is a Boston, MA criminal defense attorney.

  • Author
  • Recent Posts
Kevin Mahoney
Kevin Mahoney
Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.
Kevin Mahoney
Latest posts by Kevin Mahoney (see all)
  • Secretary Betsy DeVos: Slowly Remaking Title IX Investigations - August 2, 2018
  • The Shooting of Kathryn Steinle - January 2, 2018
  • Massachusetts House Passes Major Criminal Justice Bill - December 7, 2017

About Kevin Mahoney

Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.

Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

    text

  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

    text

  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

    text

  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

    text

Call 617.492.0055

Available to Respond to Emergencies
24 Hours a Day

Directions

Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
© 2019 Mahoney Criminal Defense Group.
All Rights reserved. Privacy Policy | Disclaimer
footer-logo

For a Free in-office Consultation Call 617-492-0055

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
  • Practice Areas
  • Areas we serve
  • Mahoney In the Media