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The California Evidence Code

The outcome of a criminal case in Los Angeles often turns on what the judge allows the jury to hear and see. The California Evidence Code governs that decision, an extensive set of statutes that determine whether testimony, documents, scientific data, or physical items may be considered when deciding guilt or innocence.

At Kraut Law Group Criminal & DUI Lawyers, our team leverages deep prosecutorial and defense experience to ensure that only reliable, lawfully obtained evidence is used against our clients, while aggressively challenging everything else throughout the Los Angeles criminal process.

Understanding the California Evidence Code in Los Angeles Courts

The California Evidence Code applies in every criminal courtroom from the Clara Shortridge Foltz Criminal Justice Center downtown to branch courthouses in Van Nuys, Long Beach, and Pasadena. Although the Penal Code defines crimes, the Evidence Code dictates how facts are proved at each stage of the case, including:

  • Arraignments and bail hearings
  • Preliminary hearings in felony matters
  • Pre-trial motions, such as motions to suppress or dismiss
  • Jury and bench trials
  • Post-conviction hearings on probation violations or new-trial motions

A firm grasp of these rules allows a defense lawyer to object in real time, preserve issues for appeal, and exploit weaknesses in the prosecution’s proof.

Relevance and Admissibility: Clearing the First Evidence Hurdle

Before any item is admitted, the court must find it “relevant.” Evidence is relevant when it has a tendency, however slight, to make a material fact more or less probable. In practice, Kraut Law Group Criminal & DUI Lawyers often attacks relevance by showing:

  • Speculative links between the evidence and the crime charged
  • Gaps in time or location that break the logical chain
  • Alternative explanations that undercut probative value

If relevance is marginal or unclear, the judge can and should exclude the material.

Managing Prejudice vs. Probative Value Under California Law

Even relevant evidence may be barred if it risks:

  • Unfair prejudice that inflames the jury’s emotions
  • Confusing or misleading side issues that distract from the central question of guilt
  • Needless cumulative presentation, for example, showing ten nearly identical photographs when one would suffice

This balancing test is a powerful defense tool. By highlighting the danger of unfair prejudice, we frequently convince judges to limit or strike damning exhibits.

Hearsay Challenges and Exceptions in Los Angeles Criminal Trials

Hearsay, an out-of-court statement offered as evidence of its truth, is generally inadmissible in court. Nevertheless, prosecutors routinely attempt to introduce police reports, witness statements, and 911 recordings. Key defense strategies include:

  • Demanding live testimony so the witness can be cross-examined
  • Challenging whether an exception truly applies, such as spontaneous statements or business records
  • Objecting to double or triple hearsay, where one unreliable layer hides inside another

Practical hearsay objections can remove entire categories of prosecution evidence.

Evaluating Witness Competency, Memory, and Perception

Witnesses must testify from personal knowledge and be capable of recalling and communicating their testimony. Kraut Law Group Criminal & DUI Lawyers scrutinizes each witness by exploring:

  • Impairments: intoxication, medication, or mental health conditions
  • Environmental factors: distance, lighting, or stress at the time of observation
  • Influence and bias: relationships with law enforcement or personal motives to fabricate

Where perception or memory is shaky, we move to strike the testimony or request special jury instructions highlighting the shortcomings.

Expert Testimony in Los Angeles: What Counts as Reliable Science?

Experts may give opinions on specialized topics, DNA, blood-alcohol analysis, and accident reconstruction, but only if:

  • Their field is sufficiently established and accepted
  • The expert is properly qualified through education, training, and experience
  • The methodology is reliable and correctly applied to the facts

Our attorneys often file in limine motions to exclude or limit expert opinions that rely on unvalidated techniques or speculative assumptions.

Handling Physical and Digital Evidence in Los Angeles Courts

From firearms and narcotics to smartphone extractions and social-media archives, every exhibit must be authenticated. The proponent must establish:

  • What the item is and how it relates to the case
  • Where it has been at each step from collection to courtroom
  • Who handled it, and whether it might have been altered

Breaks in the chain of custody, improper storage conditions, or missing logs can lead to exclusion or diminished weight being presented to the jury.

Using Motions to Suppress Evidence in the Los Angeles Criminal Process

Evidence obtained in violation of the Fourth or Fifth Amendments cannot be used in court. Common suppression scenarios in Los Angeles include:

  • Warrantless vehicle searches during routine traffic stops
  • Overbroad residential search warrants that lack particularity
  • Coerced confessions following prolonged or deceptive interrogations

A successful suppression motion can gut the prosecution’s case before trial begins.

Character Evidence Rules: Limiting Prior Acts in Criminal Trials

In general, the prosecution may not introduce evidence of a defendant’s prior misconduct simply to show bad character or criminal propensity. Exceptions exist, particularly with sex offenses and domestic-violence allegations, but the defense can:

  • Contest the validity of each proposed exception
  • Offer limited, strategic character testimony from reputable community members
  • Request tailored limiting instructions to keep the jury focused on the charged conduct

Skillfully navigating character evidence rules prevents unfair “guilt by association.”

Asserting Privileges to Protect Confidential Communications

The California Evidence Code shields certain relationships from compelled disclosure. Key privileges in criminal cases encompass:

  • Attorney–client communications
  • Spousal and domestic-partner confidences
  • Psychotherapist–patient interactions
  • Clergy–penitent discussions

By asserting privilege, we block the government from prying into private conversations and preserve essential defenses.

How the California Evidence Code Shapes Defense Strategies in Los Angeles

Mastery of Evidence Code provisions allows Kraut Law Group Criminal & DUI Lawyers to:

  • Suppress illegally seized items and statements
  • Expose weaknesses through cross-examination of law-enforcement witnesses
  • Introduce favorable evidence, such as alibi records or surveillance footage
  • Negotiate from a position of strength, when the prosecution recognizes key evidence may be excluded, better plea offers typically follow.

Our firm’s former prosecutors understand where evidence tends to break down and how to leverage those flaws to our clients’ advantage.

Frequently Asked Questions About Evidence in Los Angeles

Q: “Will the judge decide what the jury can hear?”

Yes. Judges rule on objections and motions, acting as gatekeepers under the Evidence Code.

Q: “Can social-media posts be used against me?”

If they are properly authenticated and relevant, deleting them after an investigation begins may raise concerns about obstruction.

Q: “What if police lost part of the body-camera footage?”

Missing evidence can support a motion to suppress or at least a request for an adverse inference instruction to the jury.

Q: “Are polygraph results admissible?”

Generally, no. California courts view polygraphs as scientifically unreliable unless both sides stipulate otherwise.

Q: “How soon should I hire a lawyer?”

Immediately. Early intervention allows counsel to gather defense evidence, object during critical hearings, and file timely motions.

Why Choose Kraut Law Group Criminal & DUI Lawyers?
  • Proven courtroom experience. Our attorneys have collectively tried hundreds of felony and misdemeanor cases, including homicides, complex white-collar matters, and DUI prosecutions.
  • Former prosecutors on your side. We anticipate the government’s strategies because we once crafted them.
  • Relentless evidence challenges. From lab-tech depositions to forensic-software audits, we leave no stone unturned.
  • Client-centered advocacy. You receive direct access to senior counsel, prompt case updates, and clear explanations of every evidentiary ruling.

Your freedom and reputation are too important to trust to chance. Put a seasoned Los Angeles criminal defense team in your corner today.

Contact Us Today And Protect Your Future

If you have been charged with or accused of a criminal offense, you must consult with a Los Angeles Criminal Defense Lawyer as soon as possible. Our team knows how to defend those charged with crimes effectively. Mr. Kraut is highly respected by judges, prosecutors, and law enforcement as an exceptional trial attorney who vigorously advocates for his clients.

For more information about Los Angeles criminal proceedings, contact Kraut Law Group Criminal & DUI Lawyers, Inc. 24/7 at (323) 464-6453 or use our secure online form.


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I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
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