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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
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Experience:  I provide general practice and mediation & arbitration services to my clients.
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If you have all charges but 1 thrown out by a judge in a county

Customer Question

If you have all charges but 1 thrown out by a judge in a county court, can those charges that were thrown out be refiled in district court?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 4 years ago.
You can be charged federally instead of in state court as you can technically be able to be tried in either venue depending on certain crimes. Some crimes such as kidnapping can run into both federal and state charges, and subsequently be brought in either court. Consequently if those charges are thrown out of one court, the other court can prosecute; this is not a violation of double jeopardy as technically the charges were never tried on the merits in the other jurisdiction.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 4 years ago.
Ok county court and district court are the same? State? When does it become federal?
Expert:  Dimitry Esquire replied 4 years ago.
District court is federal court. County court is state court.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 4 years ago.
So felony 1 charges even if they were throw out in county court can be refiled in district court?
Expert:  Dimitry Esquire replied 4 years ago.
Depending on the felony, yes, it can be refiled and retried in district court if the county court is unable or unwilling to do so.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 4 years ago.
The judge in county court said the all (7 dismissed)but 1 of the charges were unfounded and dismissed them. sorry I am confused. It was sexual assault of a minor the actual charges (8). They refiled the 1 and brought 4 of the same charges back. Let me tell you this is a small county, (less than 3000 people) so I am just questioning it.
Expert:  Dimitry Esquire replied 4 years ago.
Until formally tried, the charges can be refiled as legally the person was not yet tried under them because the charges were dismissed. If the judge was unable or unwilling to try the charges, the district court may be able to refile and attempt to re-try (which it sounds like what is occurring).

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 4 years ago.
Ok I think I understand he wasnt tried in county court so its not double jepardy.
Expert:  Dimitry Esquire replied 4 years ago.
Exactly. Double jeopardy is avoided in this case as he was not fully tried.

Sincerely,

Dimitry Alexander Kaplun, Esq.


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Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 36753
Experience: I provide general practice and mediation & arbitration services to my clients.
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Customer: replied 4 years ago.
Ok thank you for your help. BTW, I am in school for AAin Criminal Justice so this really helps me...Im in my 2nd year now.
Expert:  Dimitry Esquire replied 4 years ago.
Wonderful!! Good luck to you. I used to teach paralegals and do guest lectures for criminal justice majors. Double jeopardy is always confusing and many attorneys themselves have a hard time with the concept, so don't feel bad as the whole concept is very counter-intuitive.

If you have any additional questions, please contact me again and I will do my best to assist.

Sincerely,

Dimitry Alexander Kaplun, Esq.

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