The Williams Rule in Florida Domestic Violence Cases

Normally, a Florida defendant’s prior bad acts are not admissible in a new trial unless very specific criteria are met, because a defendant should be tried for their current alleged conduct, rather than their past history. That said, domestic violence cases are some of the few where there is a recognized legal exception stating that past acts are admissible at trial. This rule is known as the Williams rule.

Past Behavior Cannot Establish Character

Character evidence, as a general rule, is not admissible in criminal trials in Florida – for example, a witness cannot testify that the defendant is a liar because they lied about paying back the $100 they owe them. While there might be cases where character evidence would help to put a guilty person behind bars, the law balances their right to a fair trial with the plaintiff’s right to accuse, and comes down on the side of protecting defendants from overzealous prosecution.

However, Florida law makes an important distinction with the Williams rule, stating that evidence of prior bad acts is admissible in criminal trials – including trials for domestic violence offenses – to establish things other than character. Common reasons to include this kind of evidence include motive or intent – for example, a person’s motive for committing a domestic violence crime might be retaliating against their alleged victim calling law enforcement before.

Defendant’s Rights Must Be Protected

If a prosecutor wants to use evidence of your prior acts of domestic violence to help establish guilt in your current case, they cannot simply introduce the evidence at trial. Because it could be so potentially prejudicial to any case, the prosecutor must inform the defense of their intent to use the relevant evidence, and the defense has the right to request a hearing on its admissibility. Your attorney may be able to convince the judge that such history is not admissible.

If the evidence is deemed admissible, your defense attorney may still be able to argue that past acts do not immediately equal evidence of guilt, even if the state may be trying to insinuate that they do. Because domestic violence is a crime that often occurs as a pattern of violent events, the court will deem a past history of violence relevant enough to bring up, but this does not mean you do not deserve a fair trial.

Contact A West Palm Beach Domestic Violence Attorney

If you have been charged with a domestic violence offense, and you have a past history of arrests and charges for similar offenses, be advised that some of that history may be admissible in court. This is all the more reason to have an experienced West Palm Beach criminal defense attorney to protect your rights. The firm of Perlet & Shiner, P.A. has handled these cases before, and will work hard on yours. Call our office today to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0090/Sections/0090.404.html