Can a previous closed case be used as evidence in a new one?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a previous closed case be used as evidence in a new one?

My child’s father put his hands on me a
couple months ago and we’re set to go to
trial on that soon. A couple years ago,
I got arrested for aggravated battery
against him but it was dropped. Can that
potentially be used against me to help
his case this time?

Asked on November 17, 2017 under Criminal Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Testimony taken under oath (if any) in a prior case can be used to "impeach," or attack/weaken, testimony in a current case, by showing inconsistencies. (Say someone claims now that they have never owned a gun, but in a prior case, the admitted "on the record" to having one.) Or a prior case against person A can be used against A in certain very narrow contexts, such as to show his/her knowledge or experience with something (i.e. if someone is accused of stealing a car and claims that they would not know how to hotwire one, but they previously were convicted of hotwiring a car--that shows they know how to do this).  Those are about the only ways a prior case could be used, and do not seem to apply here, based on what you write.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption