In criminal cases, the introduction of a defendant’s prior bad acts is a highly contested issue. Under Washington law, Rule of Evidence 404(b) generally prohibits using prior misconduct to prove a person’s character or suggest they acted in conformity with it. However, there are specific exceptions where such evidence may be admissible. At the Law Office of Erin Bradley McAleer, we help clients navigate these complex evidentiary rules to protect their rights.

What Is ER 404(b)?

Washington’s Evidence Rule (ER) 404(b) states that evidence of prior crimes, wrongs, or acts is not admissible to prove a person’s character to show they acted in accordance with it. However, it may be introduced for other purposes, such as proving:

  • Motive – Demonstrating a reason behind the alleged crime.
  • Intent – Establishing the defendant’s state of mind.
  • Knowledge – Showing familiarity with certain actions or circumstances.
  • Identity – Linking a defendant to a crime with a unique pattern or method.
  • Absence of Mistake or Accident – Proving that the act was intentional rather than accidental.

When Is 404(b) Evidence Admissible in Washington?

For prior bad acts to be admitted in court, Washington courts require a four-part test:

  1. Relevance – The evidence must be relevant to a material issue other than character.
  2. Sufficiency – The prior act must be proven with reasonable certainty.
  3. Probative Value vs. Prejudice – The court must weigh whether the evidence’s value outweighs its prejudicial impact.
  4. Limiting Instruction – If admitted, the judge may give a jury instruction clarifying the specific purpose for which the evidence can be considered.

Common Scenarios in Washington Cases

  • Domestic Violence Cases – Prior incidents of abuse may be introduced to show a pattern of control or intent.
  • DUI and Drug Offenses – Prior convictions may be relevant if they establish knowledge of impairment or substance use.
  • Sex Crimes – In some cases, prior sexual misconduct can be used to show a defendant’s pattern of behavior.

Fighting the Admission of 404(b) Evidence

Because prior bad acts can unfairly prejudice a jury, it’s crucial to challenge improper use. Defense strategies include arguing that the evidence is too remote in time, lacks sufficient proof, or is more prejudicial than probative. An experienced attorney can file motions to exclude such evidence and ensure the court follows strict procedural safeguards.

Contact an Experienced Criminal Defense Attorney

If you are facing criminal charges and the prosecution seeks to introduce 404(b) evidence, having a skilled attorney is essential. At the Law Office of Erin Bradley McAleer, we are committed to protecting your rights and ensuring that only fair and lawful evidence is used in your case. Contact us today for a consultation.