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Bappelman
Bappelman, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 313
Experience:  Former Public Defender, Founder and Criminal Defense Attorney at Appelman Criminal Defense LLC.
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If a person has had a preliminary hearing and there is no evidence

Customer Question

If a person has had a preliminary hearing and there is no evidence to prove anything and the case is dismissed and the person is discharged can the case be re-opened?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Bappelman replied 7 years ago.
Hello Granny,

The answer is yes. The prosecutor would still be able to refile the charges up to the limit of the statute of limitations for that specific charge.

For most misdemeanors the statute of limitations is around 2 or 3 years. There are some misdemeanors that can go longer, and Felonies certainly have a longer time limit.

Good Luck!
Customer: replied 7 years ago.

Even if there is no evidence and there is really nothing there according to the investigator?

 

Customer: replied 7 years ago.
Even if there is no evidence and there is really nothing according to the investigator?
Expert:  Bappelman replied 7 years ago.
Thanks for the reply.

Yes, even if the investigator says there is no evidence at this point, the prosecutor can refile the charges at a later date. As long as when the prosecutor refiles they believe that there is some evidence pointing to you committing crime, they can refile the case.