brother in law chipped my vehicle windshield in 8 places after having an outburst of anger in front of his mom and daughter. I filed felony warrant charges for throwing a missile at an occupied vehicle with malicious intent. More than 5 years ago he had an attempted murder of a police officer against him which was later dropped to a misdemeanor b/c the police used excessive force against him. I want to know if I can bring up the past violence even though charges were dropped. He has had no other violent behavior charges in all of these years. There are no prior acts against myself by him.
Most definitely if legally permitted. Retain a counsel ASAP.
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Criminal Defense Attorney
If you filed a complaint with the prosecutor's office when he damaged your windshield, you should contact the victims' unit in the prosecutor's office and relay that information to them. If you have additional questions contact a Virginia criminal defense attorney.
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Maybe. Depends on when the prior convictions or bad acts a occurred. A judge may refuse to allow them in as evidence.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
Criminal Defense Attorney
Only the commonwealth attorney's office may file felony charges in Virginia. If that's the case, they will be prosecuting the matter for you. What evidence is presented at the trial is at their discretion.
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