How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask shurmust Your Own Question
shurmust
shurmust, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 165
Experience:  I have completed over fifty jury trials in the last three years and teach part-time at a local state college.
69736160
Type Your Criminal Law Question Here...
shurmust is online now
A new question is answered every 9 seconds

I might be going to trial for a class e felony criminal contempt

This answer was rated:

I might be going to trial for a class e felony criminal contempt in the first degree where I made 20 harassing phone calls to my ex-husbands answering machine. 2 of which violated the order. can the DA still enter the first 18 in as evidence or only the 2 the violated the order

Excellent Question! I am sorry to hear about everything that is going on in your personal life. If the information or the "charging document" includes the 20 calls then they are relevant or if the dates that you made the calls are in the charging document all of the days you made the calls are relevant. However, if you are only charged with making two calls in violation of the restraining order, you have a strong argument that the remaining 18 calls are not relevant, and any marginal relevance is substantially outweighed by the prejudice it will cause on the finder of fact. This is a legal argument one would make. However, if you allege a defense that "I never made the calls" the other 18 calls may be introduced to as a "prior bad act" to show a motive, intent, scheme, etc.

 

 

shurmust and other Criminal Law Specialists are ready to help you