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Can you be sentenced for charges that were dismissed in your past?

San Bernardino, CA |

My brother has been in jail since New Years over his Ex Girlfriend Lying. Well because they don't have enough evidence to sentence him there trying to sentence him for things in his past that were dismissed. Is that possible?? What can I do to help my brother??

The things that were dismissed in his past has absolutely nothing to do with this case. That's why I'm questioning if it is possible for them to sentence him for the things that were dismissed. The charges he's facing now is felony for breaking and entering. Which we have text messages to prove that is false. The other felony was Child Abuse for punching a 13 year old. which my brother hit the kid once and then another kid named Aaron beat up the kid more but won't confess to it. I know there is something I can do to help! I just need to know what I can do.

Attorney Answers 6


  1. 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.

    Elliot Zarabi
    www.FreeCriminalConsultation.com
    213-612-7720


  2. it is common for criminal court judges to consider information at sentencing pertaining to matters not charged, prosecuted or convicted on.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  3. 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.


  4. 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.


  5. 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


  6. 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.

    My direct desk line is 909-9889-4200. If you do not reach me there, write to tim@liebaertlaw.com and we can investigate this further.

    Tim Liebaert, Esq.

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