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dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6009
Experience:  J.D. degree, 15 years practice
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Is it legal for the court to dismiss a charge and then go back

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Is it legal for the court to dismiss a charge and then go back two months later and take the same charge to the grand jury for a indictment. They dismissed it when he was incarcerated and then took it to the grand jury when he was let off of parole just two months after. They searched the vehicle without the consent of the owner and that was the grounds for dismissal the first time. It that legal?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  dkennedy replied 8 years ago.

HelloCustomer

 

They dismissed the charge because of lack of evidence, apparently. It was obviously dismissed without prejudice, which means the charge can be brought up again. And, now they must think they have the evidence. Yes, this is legal. And, it happens all the time.

Customer: replied 8 years ago.

the dismissal says dismissed with prejudice can they still do that?

 

Expert:  dkennedy replied 8 years ago.

Hello again,

 

Dismissed with prejudice means those exact charges cannot be brought again.

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