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

Martinsville, VA |
Filed under: Criminal charges

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. 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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  2. 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 information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.


  3. 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.


  4. 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 attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

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