Legal Question in Criminal Law in Virginia

Double jeopardy and Admissibility of Evidence / Testimony

Charge A and Charge B are tried.

Charge A is dismissed.

Charge B is convicted and appealed.

Can evidence / testimony pertaining to Charge A

be re-presented to substantiate Charge B or does the

5th Amendment 'double jeopardy' exemption apply

for inadmissibility of evidence / testimony ?


Asked on 5/23/03, 9:52 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Double jeopardy and Admissibility of Evidence / Testimony

If charges A and B were tried together in a single case, all of the evidence presented at trial, whether seemingly related to only one of the charges or the other, or both, can be raised and argued in the appellate briefs presented by either counsel for the defense or the prosecution.

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Answered on 5/23/03, 11:48 pm


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