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  1. #1
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    Sep 2006
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    Default Pending and Past Misdemeanor Charges in a Current Felony Prosecution

    In a felony charge against a person, can pending misdemeanor and past misdemeanor convictions be used as evidence?

    If not, do courts normally hold proceedings addressing both misdemeanor charges as well as felony charges at the same time?

    That doesn't make sense.

    Missouri

    Thanks!

  2. #2
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    Default Re: Pending and Past Misdemeanor Charges in a Current Felony Prosecution

    Missouri is one of the few states which don't have formal rules of evidence, so to answer this type of question takes some more involved research. An educated guess would be that the most likely reasons the convictions could be used against the person if that person testifies and (a) they are reasonably recent and reflect on honesty, (b) the person falsely denies that they exist, or (c) whether or not the person testifies, they indicate a common motive, scheme, plan, or system consistent with the current offense. It is possible for misdemeanor and felony offenses to be tried in the same case, particularly where they arise from the same set of facts.

  3. #3
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    Default Re: Pending and Past Misdemeanor Charges in a Current Felony Prosecution

    Last question concerning the same case I am questioning: Is it unusual for a underage DWI guilty plea to receive a Suspended Disposition of Sentence and not have to do the 2 year probation as required by statutes, not lose his license for any amount of time, not have to do the required Driver Safety course, and only have to do 80 hrs community service and probation for one year?

    And then, get a speeding ticket one month later >20mph over and have a lawyer reschedule the ticket hearing until the probation is over?

    And then rape a little girl and molest her sister and not hold the prelim until after the 1 year probation expires?

    And have the court group all these things together in associate circuit court simply to reschedule - but not ask for a continuance?

    Just asking...

    Thanks

  4. #4
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    Mar 2005
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    Michigan
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    Default Re: Pending and Past Misdemeanor Charges in a Current Felony Prosecution

    If you want to know what is typical, consult a local lawyer. (But your question suggests the answer.)

  5. #5
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    Sep 2006
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    Default Re: Pending and Past Misdemeanor Charges in a Current Felony Prosecution

    It is typical no doubt. How in the world can a judge sit there, KNOWING this guy has violated the probation that does not even fit the State's Statutes, claim he's "following the rules"?

    Do the rules account for a judge to reduce the required sentencing?

    Do the rules give a judge the authority to impose what HE feels is right at the moment? God forbid he has burnt toast in the morning! He may be in a bad mood and give 20 years probation or on the other hand, have a good night and give 30 days - or nothing at all.

    I thought crime "A" = punishment "A+"... not crime "A" = "B"... or maybe "C"... or maybe will just make something up.

    Thank you for your response. I did not intend to add to this pointless discussion but could not help myself. You are all very knowledgeable and I just wanted to ensure that I pretty much had no hope for what I think is justice.

  6. #6
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    Sep 2006
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    Default Re: Pending and Past Misdemeanor Charges in a Current Felony Prosecution

    If I decided to spend the money for a civil suit against a guy who most likely "has nothing", would there be any benefit except to prove he raped a thirteen year old after molesting her twin sister? He will be on "probation" for having sex with a thirteen year old... kinda odd he didn't get charged with what he did - Statutory Rape. Oh wait, I forgot he grew up with all the people in the courthouse.

    I may do it regardless of your answer. I just wanted to know for a possible boost to my drive. My family is already paying the price for what he did. May as well show my daughters justice does work in a civil suit.

    If this occurred in another county, do I have to do the suit in that county?

  7. #7
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    Sep 2006
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    Default Re: Pending and Past Misdemeanor Charges in a Current Felony Prosecution

    This is my last question about this matter. I am finding no help here.

    Filing a complaint with the Chief Disciplinary Counsel will no doubt make me feel better, but will it get me anywhere?

    The fact is, he raped a child under 14 and he knew she was under 14 and knew she was drunk. He took her out into the country. This all occurred after he tried having sex with her twin sister. All while being on probation for a DWI.

    There HAS to be somewhere to turn!

    I do not know what to do...

    Maybe this is all normal... I had no idea a prosecutor can decide anything without ever talking with the victims of the perverted actions or reading the detectives report.

    For myself - please file charges against me. If I allowed my daughters into an unsafe situation, I deserve to be charged! There is no excuse for not doing what should be done!

  8. #8
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    Sep 2006
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    Default Re: Pending and Past Misdemeanor Charges in a Current Felony Prosecution

    I have talked with an attorney. He states there is nothing I can do about it.

    The Victim's Center says the prosecutor is "King of his County" and has never seen the likes. We do not live in this county.

    The Attorney General's office verified what the prosecutor said is untrue.

    I have the probable cause statement. Today I read the investigative report. There has been no discovery.

    This SOB raped my 13 year old daughter when she was drunk and is getting probation for a lessor charge...

    I again ask, does a complaint with the Disciplinary Counsel help? Or does this happen all the time??? What is the purpose of statutes???

    I am having a hard time with this...

  9. #9
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    Sep 2006
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    Default Re: Pending and Past Misdemeanor Charges in a Current Felony Prosecution

    It is sent. Took a week to get it refined with advise.

    If anyone cares, I will repost if ever something comes of it. Otherwise, I suppose we will sit back and wait for the preliminary hearing next year, then have the defendant take the plea bargain beause we will show up... and it's over.

    He walks. More probation. More of that he already has right now.

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