How Character Evidence Can Affect Your Criminal Defense Case

Evidence about a person’s character is typically inadmissible in South Carolina courtrooms. However, there are exceptions and certainly situations where a skilled criminal defense lawyer will introduce character evidence to strengthen a client’s case. William G. Yarborough, Attorney at Law, has worked for more than 30 years as a criminal defense lawyer in Greenville, South Carolina, and he knows how to wield character evidence to benefit his clients. This is a complicated area of law that can trip up inexperienced lawyers. Call our office to schedule a consultation with a results-driven Greenville criminal defense lawyer.

Why Character Evidence is Usually Inadmissible

Rule 404 of the South Carolina Rules of Evidence says that character evidence is not admissible to prove “conformity” on a specific occasion. Here’s what that means:

• Suppose you are accused of driving drunk on July 4, 2024. The prosecutor cannot introduce testimony from friends that you drink like a fish. Rule 404(a) prohibits that.
• Further, 404(b) prohibits introducing evidence of prior crimes. For example, they can’t use proof you were arrested for drunk driving on July 4, 2015, as proof you must be guilty of the same offense in 2024.

To get a conviction, the prosecution must prove you committed an illegal act on the day in question. Your character isn’t relevant. If the state tries to introduce character evidence, we can object and possibly even appeal.

Exceptions: When is Character Evidence Admissible?

The Rules of Evidence allow some types of character evidence in specific situations:

• The defendant introduces evidence of his or her character. The evidence has leeway to mount a defense as they see fit. For example, a defendant might stand accused of assault, but they can have a character witness testify that they are peaceful.
• The defendant submits evidence of a victim’s character. A person accused of assault can argue that they punched someone in self-defense. The rules also allow them to introduce pertinent character traits of the alleged victim, such as a character for aggression.
• The prosecution rebuts a claim that a homicide victim was the first aggressor. A defendant might claim he killed a person in self-defense after being attacked. If so, the state can introduce character evidence of the victim’s peacefulness.
• The prosecution uses the evidence for a legitimate purpose. In some situations, the state can use prior conduct to prove motive, modus operandi, intent, and other facts.

Attacking a Witness’s Credibility with Character Evidence

Rule 608 lays out when you can use character evidence to attack a witness’s credibility. Jurors need to know whether a witness has a reputation for telling lies or exaggerating when trying to assess that person’s credibility.

Under this rule, you can attack a witness’s character but only concerning truthfulness. If a witness is attacked in this way, then the other side can try to bolster the witness’s character for truthfulness.

Suppose you are accused of running a red light and striking a pedestrian in the crosswalk. According to your memories, the light was green. The only witness to see the light is a woman standing on the sidewalk who says the light was red when you raced into the intersection.

Your lawyer finds out this witness has a history of telling lies, falsifying documents, and misrepresenting facts. Your defense attorney could have a character witness come in and testify about her lack of truthfulness. The prosecution could then try to bolster her credibility by offering character testimony.

Bias Evidence

Some witnesses are biased. They might know the alleged victim, or perhaps they were paid under the table for their testimony. They have a reason for telling a slanted story, which undermines the integrity of the legal system.

Under Rule 608(c), evidence of bias is admissible in court. This might be some of the most powerful evidence because it puts into perspective a witness’s testimony.

Impeachment with a Criminal Conviction

Rule 609(a) allows either side to attack the credibility of a witness with proof the witness was convicted of a felony or convicted of any crime involving false statements or dishonesty.

For example, a witness to a bar fight might claim you punched his friend first. In reality, you were defending yourself. This witness has a felony conviction, which your attorney can raise at trial to cast doubt on the witness’s credibility.

Similarly, a witness might allege you brandished a gun at her. However, she was convicted of misdemeanor perjury. Your defense lawyer might introduce that evidence to undermine her credibility.

The age of the conviction usually matters, however. Generally, anything more than 10 years old is not admissible, although the judge is empowered to admit evidence of an old conviction in the interests of justice. Your lawyer should know how to craft a strong argument regarding the use of prior convictions.

Reversing a Conviction for Improper Character Evidence

Character testimony is controversial. Criminal trials should turn on the events of the day in question—and only the day in question. We don’t convict people because their parents are criminals. And our system doesn’t allow conviction because a person committed a crime in the past.

Some prosecutors use a “kitchen sink” approach where they throw as much mud as possible at a defendant to see what sticks. Our firm will object when they try to introduce character evidence unfairly. You might even win an appeal if the trial judge admitted character evidence wrongly.

We can also use character evidence to your advantage. We might bolster your character with character testimony, depending on the case.

Contact a Greenville Criminal Defense Lawyer Today

Attorney William G. Yarborough is available to meet for a confidential consultation to go over the criminal charges you face. If you end up at trial, you deserve a zealous advocate with full command of the South Carolina Rules of Evidence, including the use of character testimony. Our firm realizes that our clients have one shot to win a case, and we harness our considerable legal knowledge to your benefit. Call our office at 864-808-6871 to schedule a time to meet.