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Character Evidence and Testimony
Vincent W. Davis, CA Trial Lawyer
https://www.FightChildProtectiveServices.com
Law Offices Of Vincent W. Davis & Associates
150 N Santa Anita Ave, Ste 200
Arcadia, CA 91006
1-888 888-6582 (ph.)
Character Evidence: "Mr. Davis, can I bring in some letters from my pastor and people that know me to show that I'm a good parent?" Hi, my name is Vincent Davis and I'm an attorney here in California. I have been practicing for over thirty years and I'm an expert in juvenile dependency cases otherwise known as CPS and DCFS cases. Character evidence, is it admissible? Well, the general rule is that character evidence is not admissible in juvenile dependency courts. That is the general rule under the California Evidence Code. However, there are many exceptions and one of the exceptions is character evidence is admissible when a character is at issue.
There have been some evidentiary scholars who have written about this for juvenile dependency cases. One of the writers was a very famous California appellate justice by the name of Bernard Jefferson. And in his earlier treatises, it's he opined that character evidence is always admissible in a juvenile dependency case in a CPS case because the character of the parent is always at issue. Now, many times I have tried to introduce character evidence into the juvenile dependency case and I think every parent and every attorney representing a parent should try to do that as well. The problem is 50% of the time, the judge excludes the character evidence and makes it inadmissible.
But, you know what, at least I tried and at least it's part of the appellate record if we have to take this case upon an appeal. So my recommendation is that you always use character evidence. Now, what is character evidence? It could be a witness getting on the stand saying yes, I wrote this letter; yes, I wrote this declaration and the declaration or letter is about the parent or the relative being a good moral character, being -- having a good reputation as a parent, a loving responsible parent in the community. Now don't forget, hearsay is not admissible if you're a parent or relative in a juvenile dependency case. It is admissible if you are a social worker.
So if you bring in a letter or declaration from a person saying that you're a great parent, that letter is likely not going to be admitted unless the person who wrote that letter is on the witness stand saying, "Yes, I wrote this letter," and then that witness is going to be subject to cross-examination by the other attorneys in the case. So it's my advice, if you're going to have character evidence, that you have the person there to testify and to get up on the stand. So that's the general overview of character evidence. And believe me, in California, it gets a little bit more complicated as you drill down on each type of character evidence you're trying to admit.
You know, you're watching this video because you have questions and I answer these calls every day and I answer questions from, you know, many, many people each day, each week, each month. If you have questions please give me a call. I'd be happy to give you a free consultation. My telephone number is 888-888-6582, 888-888-6582. And to help us keep this channel going, please subscribe to the channel and like this video. Thank you and we'll see you in the next video
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Law Offices Of Vincent W. Davis & Associates
150 N Santa Anita Ave, Ste 200
Arcadia, CA 91006
(888) 888-6582 (ph.)
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