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.
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.
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