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  1. #1
    Join Date
    Jun 2013
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    1

    Default Can a Pending Charge Be Used As Evidence Against Someone in a Current Trial

    My question involves criminal law for the state of: South Carolina

    My brother was charged falsely with Criminal Sexual Conduct with a minor 1st degree in 2008, with the alleged victim saying it occurred in 2003. He has been cooperative with authorities and has shown up to every roll call, but nothing has come of the case. His lawyer says that its best not to go to trial because it will basically be his word against hers, so the charge is still pending. This March my brother broke up with his girlfriend for another girl. The breakup was pretty nasty. The next day his girlfriend went to the police and told them he touched her daughter sexually. When he found out she did that, he went to talk to the detective and even volunteered to take a lie detector test. But they arrested him and now he is in jail with no bond because of his pending CSC charge. My question is can they use his pending charge as evidence that he is probably guilty of the new charge of CSC with a minor 2nd degree?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can a Pending Charge Be Used As Evidence Against Someone in a Current Trial

    a charge of a crime, or even conviction of a crime, is not evidence that there was some other crime committed. If already convicted, it may be able to be used to show the defendant is capable of committing such a crime. Generally criminal history is difficult, if not impossible to be brought in to another criminal trial simply because it does prejudice the jury. It makes them look guilty so they defendant does not get a fair trial. The state has to convict the defendant on the charges he is on trial for, not one that happened at some other time.

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