Legal Question in Criminal Law in Virginia
If someone is charged by two states for the same crime and convicted in one, can that conviction qualify as a "prior conviction" for the purposes of his trial in the other state, even though it's for the same incident? In other words, does "prior" mean prior to sentencing or prior to the committing of the crime?
Asked on 7/07/14, 5:51 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Most likely the former, i.e., prior to sentencing for the situation described (in my opinion).
Furthermore, FYI, the crimes with which this someone has been separately
charged in these two states quite likely differ in certain respects
from one another even though they may arise out of the same incident.
Answered on 7/07/14, 6:59 am
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