11252017Headline:

Fairfax, Leesburg & Loudoun, Virginia

HomeVirginiaFairfax, Leesburg & Loudoun

Email Doug Landau
Doug Landau
Doug Landau
Attorney • (866) 735-1102 Ext 610

The Injured Plaintiff's Criminal History – Relevant or not ?

Comments Off

In every single car crash case, Abrams Landau clients are asked about their criminal history. This is allowed in "Discovery" depositions and in within "Interrogatory" questions. In the pre-trial phase of the case known as "Discovery," the insurance defense counsel is allowed to inquire about facts that are "relevant" and those that "may lead to relevant evidence." This is why criminal convictions for lying, cheating, stealing, etc. are allowed to be discussed at trial in front of the jury. However, if the convictions are from many years ago, or if they are irrelevant to the issues of truthfulness, then the trial court can prevent this highly prejudicial evidence from coming before the jury.

In cases where the insurance lawyers may try to introduce irrelevant and prejudicial material, the Landau Law Shop submits a pre trial order to the court to prevent this from happening. The injection of such matters into the trial of this case by any party, attorney or witness would cause irreparable harm to the Plaintiff, which no instruction by the Court could cure. If such matters were brought to the attention of the jury, directly or indirectly, as Plaintiff’s counsel, we would be compelled to seek a Mistrial. In an effort to avoid possible prejudice and a possible mistrial in this case, the Landau Law Shop trial team requests the Court to issue an Order. Where the Plaintiff has never been convicted of any crime involving moral turpitude or any other crime for which conviction would be admissible in impeachment of the credibility of the Plaintiff, or any other, or any such conviction occurred at a time too remote from the present to be relevant to the credibility of the Plaintiff as a witness in the trial of this case, the curial Court will do so. However, if the crime is a felony or misdemeanor involving moral turpitude (lying, cheating, stealing, etc.), and it is recent, it will be raised at trial. Consult experienced legal counsel who actually tries personal injury cases to discern what options are available to you.