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

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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.



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