Will the judge take previous criminal records into account when ruling a case?

Asked about 1 year ago - Martinsville, VA

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.

Attorney answers (4)

  1. Rixon Charles Rafter III

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  2. Adam Domenick Rumschlag

    Contributor Level 14

    3

    Lawyers agree

    Answered . 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.

    Please note that this answer does not constitute legal advice. It is merely intended to provide general... more
  3. James Donald Garrett

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.

    Good luck.

    Attorneys on AVVO donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful" to your questions.

    James Garrett
    Garrett Law Group, PLC
    http://www.garrettlawgroup.com
    jd@garrettlawgroup.com
    (757) 422-4646 - 24 hour Service

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  4. Alexander M. Ivakhnenko

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Most definitely if legally permitted. Retain a counsel ASAP.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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