Is it Possible to Keep Out my Prior Bad Acts in my Criminal Case in Minnesota?

Evidence of prior bad acts is generally not admissible in criminal trials in Minnesota to prove a defendant's character or propensity to commit crimes. This is the rule. The problem is that the exceptions are huge and prosecutors love to use them,. Ultimately, it is up to the judge to determine whether such evidence is relevant and admissible. The problem is that the Judge will regularly let them in for other reasons and then explain to the Jury why they can’t use them to determine guilt in this case. Whether then explanation helps is dubious at best. If you are facing serious criminal charges in Minnesota, dealing with prior bad acts and crimes can be extraordinarily complicated. Therefore, it is important that you sit down with an experienced Minnesota criminal defense attorney.

“The problem with prior bad acts is that the jury could like at these and say, ‘once a bad guy, always a bad guy.’ The problem is the Court sometimes doesn’t care.”

Can I keep Out These Prior Bad Acts?

There are various ways that an experienced Minnesota criminal defense attorney may be able to keep out prior bad acts. These include:

• File a Motion in Limine with the Court. The purpose of a Motion in Limine is to request that the Judge exclude any and all evidence of prior bad acts that the prosecutor may attempt to use at trial. Depending upon the type of case, this might be what is called Spreigl evidence (usually crimes). Sometimes, again depending upon the type of case, this is called 623.20 or relationship evidence.

• Argue that the prior bad acts are irrelevent: If the prosecution tries to introduce prior bad acts, it may be useful to argue relevance. In the end, how is the bad act relevant to the question of fact in the current case?

• Prejudice v. Probative Value: Even if the evidence might be relevant to the current case, it is possible to argue that the evidence is so prejudicial and no jury will be able to let go of the prior acts and give you a fair trail.

• Other Legal Objections: If the evidence of prior bad acts was obtained through some illegal or unconstitutional means, you may be able to keep the evidence from getting to the jury.

“Prosecutors won’t say generally say this but getting prior bad acts in makes their cases stronger just because it makes the jury hate you.”

In every criminal trial, there are general two big fights. The second is always whether the state can meet their burden of proof and convince the jury that you did it. However, the the fight which frequently receives far less attention is the one about what evidence the jury gets to see in the first place. If evidence is a question, make sure that you sit down with an experienced Minnesota criminal defense attorney.

Jack Rice is a Board Certified Criminal Law Specialist and former prosecutor. He is also the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, MN. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.