Evidence Of Good Character In Criminal Cases

August 24, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

We all want to think that our good deeds and honest lifestyle for years or decades should count for something. Often I’m asked by people that have never been in trouble if the judge or jury will be able to know they’re good people.

There are ways and rules which permit you to interject good character to the judge or jury in trial. During plea negotiation, your lawyer can always try to persuade the prosecutor by pointing to a good record or a record of recovery.

Texas Rule of Evidence 404 controls character evidence for the accused in trial. An accused can put “character into question,” but there are some limitations. First is that all evidence must be relevant under TRE 401. “Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Evidence of volunteer work with the elderly, then, might not be relevant during the guilt/innocence phase at a DWI trial even though it is proof of good character.

Also evidence of character cannot generally be used at trial to prove conformity therewith (though rule 404b has specific exceptions). As an example, most judges probably won’t let you defend theft allegations by showing that you have a good credit score. Character is a legally tricky issue and because it’s really on a case-by-case and fact-by-fact problem, many judges will likely disagree as to what is or is not permissible. Appeals courts give trial courts a lot of discretion with these types of things.

Another issue with injecting character into the trial is that when a criminal defendant does this, it can “open the door” to the prosecution using character evidence of their own to try and dis-prove the accused’s assertion of good character. Obviously in cases where the accused has a past record or similar accusations from before — injecting character into evidence can backfire badly at the guilt/ innocence phase of the trial.

Character is always relevant at the punishment phase of the trial where an accused has been found guilty.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific matter you should consult an attorney directly.

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Posted by Jeremy Rosenthal, Esq.

Computer Crimes: Breach of Computer Security

June 21, 2010

Section 33.03 of the Texas Penal Code covers the breach of computer security — generally known as hacking.  That law makes it a crime for someone to knowingly access a computer, computer network, or computer system without the effective consent of the owner.

As you can tell by reading the language above, this is an extremely broad law with tons of different of applications that can apply to many different circumstances.  It can cover situations where a hacker is trying to access a bank, the government, or even arguably someone else’s facebook account.  It plainly prohibits a person simply getting on someone else’s computer without their knowing — and it would probably prohibit an employee from accessing a computer system of their employer where they have exceeded access although there are other laws that cover that particular scenario.

If the offense is committed without the person obtaining any benefit, then it’s a class b misdemeanor which is the equivalent of a drunk driving charge or possession of a usable quantity of marijuana but less than two ounces.

If the alleged offense attains a benefit, defrauds or harms another, alters, damages, or deletes property, then the offense is charged based on the dollar amount of damages done.

$1,500 or less is a class a misdemeanor, the equivalent of assault charges;

$1,500 to $20,000 is a state jail felony;

$20,000 to $100,000 is a third degree felony;

$100,000 to $200,000 is a second degree felony, the equivalent of aggravated assault with a deadly weapon;

over $200,000 is a first degree felony, the equivalent of murder or aggravated sexual assault of a child.

Punishment for breach of computer security can be extremely steep!!  I’m not an expert in corporate computer systems, by my gut tells me their damages add up QUICKLY in the event someone accesses or deletes their files.

There are tons of legal issues which pertain to proving this type of offense including but not limited to search and seizure issues and highly complex evidentiary issues that accompany computer crimes.  This is the type of offense that typically drive prosecutors crazy — because they can be highly technical and very difficult to prove.  A good lawyer can create a lot of value by working diligently on your case!

If you’re charged with a computer crime, then getting a competent and qualified lawyer is a must!

Jeremy F. Rosenthal, Esq.

(972) 562-7549

Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about you own specific situation, you should consult an attorney.

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