Many episodes of scripted television courtroom feature an “a-ha!” moment where the outcome becomes apparent: a witness breaks down on the stand and conclusively implicates themselves, someone other than the accused confesses to police or prosecutors, or a decisive piece of evidence is discovered at the last second. In the real world, few cases have a “smoking gun.” Most criminal trials in Florida predominantly feature circumstantial evidence and come down to which side’s presentation proves more persuasive to the jury. Given that reality, having a skilled Tampa Bay criminal defense lawyer on your side if you are facing charges is a must. The right legal team not only can help you put forward all the evidence that strengthens your case but also assist you in keeping out inadmissible evidence the prosecution seeks to place before the jury.
One type of circumstantial evidence that prosecutors use to bolster their cases is proof of the accused’s criminal past. In general, the law does not permit the consideration of the accused’s prior bad acts to decide his/her guilt of the current crime, but the law also carves out exceptions. One is when the defense “opens the door.” This means that the defense proactively presented evidence related to character traits first. If the defense opens the door, then the law allows the state to bring in evidence of prior bad acts that relate to that same trait.
Additionally, the state can use proof of past criminal activities if those prior bad acts tend to prove motive, intent, knowledge, or pattern, and not criminal propensity or poor character. This is called the “Williams rule,” stemming from the 1959 Florida Supreme Court ruling in Williams v. State.