Silver Spring, MD asked in Criminal Law and Domestic Violence for Virginia

Q: Can evidence from a previous DISMISSED DV case be used to convict a defendant in a new DV case?

1st DV case dismissed without any court proceedings. Victim didn't show, case dismissed.

2nd DV case 3 month later, prosecutor and judge used evidence from first dismissed case, to establish "history" and convict defendant, with bare minimum evidence for this new case.

1 Lawyer Answer
Shemeka C Hankins
Shemeka C Hankins
  • Criminal Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: Typically, the answer to your question would be no unless they overcame an exception to the rules of evidence about patterns or modus operandi which means a method in which you operate to commit the crime. I would speak to your lawyer about what happened in court. You have a right to appeal within ten days of any conviction to a higher court and try again.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.