Can Prosecutors Use Prior Acquittals Against Me in Court?

In State v. Scott, the North Carolina Supreme Court found that prior acquittal evidence is inadmissible because of its “prejudicial impact.” With this 1992 decision, the Tar Heel State takes a stronger stance against prior acquittal evidence than many other jurisdictions in the country. If you have been acquitted of a crime in the past, prosecutors must be very careful about presenting evidence from that case or even bringing it up. That said, there are always exceptions, and you should discuss your specific circumstances with an experienced criminal defense attorney in North Carolina.

Some Evidence From Prior Acquittals Could Still Be Admissible

While State v. Scott makes it very difficult for prosecutors to introduce prior acquittal evidence, it is still theoretically possible to use evidence or information from a case that ended with your acquittal. If the evidence from the first case does not require the court to assume you were guilty of the prior offense, the court may admit it during a trial for a later offense.

For example, video evidence from a prior charge (of which you were acquitted) may show you wearing a very distinctive leather jacket with specific patches and customized elements. Later, you may be accused of committing a robbery while wearing a mask and the same leather jacket.

To confirm your identity, prosecutors might introduce the video evidence from the prior case. As long as the introduction of the evidence does not require the jury to assume you were guilty of the first offense, it could be admissible. In other words, the video footage should show you in public with no hints of criminal activity.

The same logic applies to distinctive weapons, such as customized handguns with carved grips or chrome finishes. If prior acquittal evidence can establish that you own the same weapon that someone saw in your possession during a subsequent alleged offense, that evidence could be admissible. Once again, this evidence of weapon ownership cannot imply that you are guilty of the first offense.

Along with video evidence, witness testimony could also reference the first case. However, Scott v. State means that the prosecution must carefully introduce testimony with zero implications of the prior offense. A witness (such as a police officer or convenience store owner) can only state that you owned the weapon or wore the jacket in the past, and they cannot even mention the first charge you faced.

Why Is Prior Acquittal Evidence Inadmissible in North Carolina?

In the United States, you are innocent until proven guilty. You are also protected against “double jeopardy,” which involves repeated prosecutions for the same offense after an initial acquittal. If you were acquitted, the court must assume that you are not guilty.

Under North Carolina law, referencing your prior acquittal is an attempt to prosecute you once again for that offense. Judges also protect you against anything that might trigger “prejudicial impact.” The jury will likely be unaware of your prior acquittal, and bringing up the past case could cause them to unfairly view you as a criminal.

Can a North Carolina Criminal Defense Attorney Help Me? 

If you have been acquitted of a crime in the past, North Carolina law prevents prosecutors from bringing up evidence from that case. Regardless of the circumstances, a prior acquittal forces the court to assume you did not commit that offense. If you believe that prosecutors might be trying to use a prior acquittal against you in any way, contact an experienced criminal defense attorney at The Pritchard Firm in North Carolina. Dial 828-518-6007 to get started with a defense strategy.

Sources:

 archives.law.nccu.edu/cgi/viewcontent.cgi?article=1540&context=ncclr

scholarship.law.campbell.edu/cgi/viewcontent.cgi?article=1275&context=clr