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