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STATE v. WILLIS
[1] Criminal Law — Witnesses — Impeachment — Prior Convictions — Forfeiture of Bail. A forfeiture of bail is not an admission of guilt nor the equivalent of a conviction for the purposes of RCW 5.60.040 and 10.52.030, which permit the showing of prior convictions on the issue of a witness' credibility. Forfeiture of bail may not be considered on the issue of credibility in a criminal prosecution whether or not it is a jury trial. [See 58 Am. Jur., Witnesses (1st ed. § 735).]
Reversed and remanded.
Prosecution for reckless driving. Defendant appeals from a conviction and sentence.
PER CURIAM.
Robert Willis was charged with reckless driving. His trial, without a jury, resulted in a finding of guilt.
One question is presented. In a criminal trial, without jury, may arrests for other offenses disposed of by forfeiture of bail be considered in judging a defendant's credibility? The trial judge believed that such evidence should be considered. [1] We disagree. Only convictions of other crimes may be considered as affecting a criminal defendant's credibility. RCW 5.60.040; RCW 10.52.030; State v. McVeigh, 35 Wn.2d 493, 214 P.2d 165 (1950). A decision to forfeit bail is not tantamount to an admission of guilt.
Reversed and remanded for a new trial.
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