__________________________________________Ask the DA
 

If a person is accused of a crime, when and if are past arrests, acquittals or convictions admissible? Are they mentioned even if the defendant was a minor when the crime was committed?

If defendants testify at trial, they may be cross-examined about their prior acts of wrongdoing, including any past criminal convictions. Before they testify, the court will determine at a Sandoval hearing which convictions will be fair game. Usually, if a conviction occurred in the distant past, or if it has little to do with the defendant’s credibility, the judge will disallow it from cross-examination.

Cases which result in acquittal are sealed by operation of law, and thus cannot be used for purposes of cross-examination. Similarly, many Family Court adjudications involving minors are not considered to be convictions, and they, too, will result in records which are sealed and therefore barred from use in cross-examination. On the other hand, when minors are tried and convicted as adults for certain designated offenses, the records of those cases may be used in cross-examination. This is true even if the defendants were granted “juvenile offender” status, which makes the records of the cases confidential for certain purposes. 

To have your questions answered in a future column, please send them to asktheda@brooklynda.org.