Using Character Evidence in Texas

When facing criminal charges, every piece of evidence can play a pivotal role in your defense. One often misunderstood but potentially powerful tool is character evidence. Whether you’re a defendant seeking justice or a concerned family member looking to understand the legal process, it’s important to grasp how character evidence works in Texas courts.

This blog will walk you through the basics, how it can be used, when it’s allowed.

What Is Character Evidence?

Character evidence refers to any testimony, documentation, or information presented to show someone’s personality traits or behavior patterns. In criminal cases, this evidence is often introduced to either:

1. Support the defendant’s credibility and morality (positive traits), or
2. Attack the credibility or behavior of a witness or another party (negative traits).

For example:

• A defendant may present evidence that they are known to be peaceful and law-abiding.
• Prosecutors may argue that a defendant has a history of dishonesty or aggression.

The Rules Governing Character Evidence in Texas

Character evidence is not always admissible in court. Texas follows the Texas Rules of Evidence (TRE), specifically Rules 404, 405, and 608, which provide detailed guidelines for when and how this type of evidence can be used.

Rule 404: The General Rule and Its Exceptions

Rule 404(a) establishes the general rule that character evidence cannot be used to show that someone acted in a specific way during an event simply because it aligns with their character or typical behavior. This restriction prevents arguments like:

• “The defendant is usually peaceful, so they couldn’t have committed this violent act.”
• “The victim is always dishonest, so they must be lying in this case.”

However, there are notable exceptions where character evidence is admissible:

1. Defendant’s Character Evidence:
   • A defendant may introduce evidence of their own good character to support their defense. For example, a defendant might present testimony that they are known to be peaceful or law-abiding.
2. Victim’s Character Evidence:
   • In certain cases, a defendant may offer evidence of a victim’s character traits. For instance, in a self-defense claim, the defendant might introduce evidence suggesting that the victim had a reputation for being violent.

Rule 405: How Character Evidence Is Presented

If the court allows character evidence to be used in a case (based on exceptions to the general rule that it’s usually not allowed), Rule 405 provides two specific methods for presenting it:

1. A witness may testify about a person’s reputation in their community or share their personal opinion about the person’s character.
   • Example: “I’ve known Sarah for 10 years, and she has always been honest and trustworthy.”
2. In some cases, specific examples of past behavior can be presented to prove character traits.
   • Example: Providing evidence that the defendant returned a lost wallet to show they are honest.

Rule 608: Character Evidence Credibility

Rule 608 deals specifically with the credibility of witnesses, allowing evidence to be introduced to show whether a witness is truthful or untruthful. This rule is crucial when the reliability of a key witness is in question.

1. A lawyer can introduce evidence about a witness’s reputation for truthfulness (good or bad).
   • Example: A witness known for dishonesty in the community may be challenged to question their reliability.
2. During cross-examination, a lawyer may bring up specific acts of dishonesty (if relevant to the case). However, unrelated bad acts or general character flaws cannot be used unless they directly relate to the witness’s truthfulness.
   • Example: Asking a witness, “Didn’t you lie on a job application last year?” to challenge their credibility.

Practical Defense If Charged With A Crime

If you or your loved one is facing criminal charges in Texas, understanding how to use character evidence effectively can make a difference in the outcome. Here are some tips:

1. Work Closely with Your Attorney

Your defense attorney will know when and how to introduce character evidence while avoiding risks. They’ll ensure it aligns with the rules of evidence and strengthens your case.

2. Choose Witnesses Wisely

Reputation and opinion witnesses should be credible and well regarded. Their testimony must be consistent and compelling.

3. Be Prepared for Rebuttals

If you introduce character evidence, the prosecution can respond with opposing evidence. It’s crucial to anticipate potential rebuttals and have a strategy to address them.

Arrested? Don’t Plea, Call Me!

Character evidence is a nuanced and strategic tool in Texas criminal cases. When used correctly, it can bolster a defense, challenge witness credibility, or provide critical context to a case. However, its use requires careful planning and an understanding of the rules to avoid unintended consequences.

If you’re facing charges, consult with the Texas Criminal Defense Group, who can guide you through this process and ensure that every piece of evidence is used to your advantage. Understanding the role of character evidence could be the key to achieving a fair outcome in your case.