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    joyofliving's Avatar
    joyofliving Posts: 3, Reputation: 1
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    #1

    Apr 7, 2010, 08:45 AM
    Can old evidence be used for new charges when the original charges were dismissed
    Charges were dismissed because evidence for the charges was false. Can new charges alleging a different related crime be filed using the old evidence?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Apr 7, 2010, 08:51 AM

    How was the evidence fake? Please explain.
    stylo66's Avatar
    stylo66 Posts: 2, Reputation: 1
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    #3

    Apr 7, 2010, 09:05 AM

    OK well you answered my q. the other day I went to my p.o yesterday and I was so scared but he just told me that I need to get a lawyer from court he said he would request for a probation hearing and that if the judge wanted to he would issue out a warrant and that I would have to turn myself in but I got arrested 3 years ago on a felony charge when I was 19 poss. Controlled substance and I live in Alabama I don't know where you live how things are there but wouldn't my boyfriend have to press charges on me? Or would they just throw it out? Probably on him but I'm in violation I was trying to take up for that stupid cop when he was getting smart with the cop and I just kicked him in the leg and told him to shut up and not make things worse and then they put handcuffs on me and told me I was going to jail for domestic violence like I said I'm not a violent person if I would have known that I wouldn't have even kicked him but now I'm done with my p.o and he didn't really have much to say but thank god he didn't put me in jail so I don't know what's going to happen when I go to court! I mean its just a misdemeanor and I have a good job at a spa and I'm in school and have a kid and I'm supposed to be off probation in July I haven't messed up anything in 3 years so what do you think will happen?
    joyofliving's Avatar
    joyofliving Posts: 3, Reputation: 1
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    #4

    Apr 7, 2010, 09:23 AM
    Quote Originally Posted by joyofliving View Post
    Charges were dismissed because evidence for the charges was false. Can new charges alleging a different related crime be filed using the old evidence?
    The evidence for the charges was incorrect. Employee was accused of writing checks from business account but checks were from his own account. No evidence that he wrote those checks from the business account but we did find another check he wrote in the same evidence.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Apr 7, 2010, 06:38 PM

    If you found a check he wrote from the account, ( then someone did a poor job of checking the evidence when it was done at the first)

    But this is discovery of new evidence and should be able to be used.
    joyofliving's Avatar
    joyofliving Posts: 3, Reputation: 1
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    #6

    Apr 8, 2010, 12:34 PM

    The discovery of the check was not new. It was included in all the checks and then submitted with the evidence after the charges were filed. The charges never included this check. It was submitted as evidence two months after the charges were filed and a trial date set. They just overlooked the evidence and they didn't use it in the complaint.
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