Virginia  |  Criminal Law

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3/07/10, 6:13 pm

Legal Question


when the trial has ended and attorne's are doing their closing arguments, defense attorney jumps up and asks for dismissal on hit and run felony charge. there was never any evidence of 1000,00 dollar damage. one witness claime went to the hospital but wasn't hurt. the owner of the car was not their and no testimony to anything( make model year mileage etc.) also the driver was not there. the prosecutor dtried to ammit the hosp. records of inury of the defendent to substantuate costs.but was denied by defending attorney and the judge. too late -no more eveidence can be admitted. there was another charge of reckless involved, and the defendants attorney asked for that to be dismissed because of no drivr in court and only a passenger who did not see anything-not even lights. and no one saw or had proof of the defendant being the driver. the court was put to another date to give the verdicts. the defending atorney said things were really good and not to worry. the question is basically can evidence of damages be brought in now,and how effective is this request for dismissal of hit and run felony without any financial proof? the prosecutor did not meet his proof of the charges required on a felony hit and run. having 2 seperate charges in one case does become confusing. and could the judge just need time to decide on the reckless charge?


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