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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33148
Experience:  Began practicing law in 1992
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My brother was found not guilty, but was not released so

Customer Question

My brother was found not guilty, but was not released so state drop all the other charges and sent it to the federal. during the federal trial all the accusers was allow to get on the stand and tell same story from the states trial but my brother was not allow to bring up first trial for rebuttal is that legal?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Yes, unfortunately it is legal. There is no law which would make the verdict of the state case admissible in the federal case.

He could have used any testimony from the state case to "impeach" any witnesses in the federal case. That means that if the witness in the federal case said something different in the state case then his lawyer could have cross examined him using the testimony in an attempt to show he was lying.

In addition, the evidence offered in the state case could have been used in the federal case as well.

It is only the verdict that would not be admissible. If he had been convicted in the state court the prosecutor would not have been able to offer that conviction in the guilt or innocence portion of the federal case under most circumstances either.