1) If his crimes were dismissed in the past, without prejudice, than they could bring those charges back, but your brother would have a good due process argument.
2) If they are suing them as enhancements, than, they can't do that either.
This is based on very minimal facts though, so I can't give you a good answer without more information.
it is common for criminal court judges to consider information at sentencing pertaining to matters not charged, prosecuted or convicted on.
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This sounds like a DV case. In such cases past conduct, whether it led to a conviction or not, can be used to show that the defendant had the propensity to commit the DV crime alleged. See Evidence Code 1109.
Your terminology is so off that it's not possible to really access your brother's situation and give you any kind of answer. You can't help your brother. This is something that he needs to discuss with his attorney.
To answer your question involves an awful lot of guess work...
1)Sentencing a person means he has been convicted or pled guilty to something;
2)Things in his past that were dismissed, if past offenses were in fact dismissed ,they can't be used as enhancements ,but possibly could be used as aggravating factors.
If he has not pled guilty or be found guilty I would suggest you contact our office to discuss and perhaps we can sort out the confusion
The only way to get to a good, reasoned, answer is to review all the court documents. Then, conduct legal research. Each case has its own eccentricities. So, I cannot say. However, many times cases are too old to prosecute....that may be the situation here.
To answer your question a bit better, if a case was dismissed to bring it again would be double jeopardy and is not permitted under the US Constitution.
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