St. Petersburg Criminal Lawyer Blog
Generally, the state cannot rely on a criminal defendant’s prior conviction to establish guilt for a current charge. The state can introduce evidence of previous convictions and other bad acts for other reasons, however, as long as it does not violate an evidentiary rule. Recently, a Florida court affirmed that evidence of a defendant’s prior conviction was relevant and, therefore, admissible in a matter in which it upheld the defendant’s conviction for possessing child pornography. If you are charged with possessing illegal materials of a sexual nature, it is wise to confer with a St. Petersburg sex crime defense attorney to determine your rights.
The Facts of the Case
It is reported that the government charged the defendant with possession of child pornography in violation of federal law. During his trial, the government introduced evidence of the defendant’s conviction for possessing child pornography in 1995. The defendant subsequently appealed his conviction and sentence, arguing that the trial court erred in admitting such evidence.
Evidence Admissible in Criminal Trials
The trial court ruling was affirmed on appeal. The court explained that under the Federal Rules of Evidence, a court can exclude relevant evidence if its risk of causing unfair prejudice greatly overshadows its probative value. The court’s discretion to preclude evidence under the Federal Rules of Evidence is narrowly drawn, and preclusion is an extreme remedy that should be used sparingly.
Further, Rule 414 of the Federal Rules of Evidence dictates that when a defendant is charged with a child molestation crime, evidence of their prior conviction for child molestation is admissible and may be evaluated for its bearing on any relevant issue, as long as it satisfies the parameters of Rule 403. The court noted that possession of child pornography is a child molestation crime.
Further, it stated that it had affirmed that evidence of a defendant’s prior bad acts was admissible where such evidence was probative of the defendant’s attraction to child pornography and made it more likely that the defendant and not some other individual was responsible for the illicit materials found on computers that led to the charges against the defendant.
Based on the foregoing, the court found that the defendant’s conviction for possession of child pornography was admissible as evidence under Rule 414 for its bearing on any relevant issue. It explained that the trial court adequately explained the basis for its ruling and did not abuse its discretion in permitting such evidence to be admitted.
Meet with a Seasoned Florida Criminal Defense Attorney
People charged with federal child pornography charges often feel as if the odds are against them, but the prosecution must meet a high burden of proof to obtain a conviction. If you are accused of possessing child pornography, it is critical to meet with an attorney to discuss your potential defenses. The seasoned St. Petersburg criminal defense attorneys of Hanlon Law possess the skills and knowledge needed to help you seek a good outcome, and if you hire us, we will advocate zealously on your behalf. You can contact us at 727-897-5413 or through the form online to set up a meeting.