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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1366
Experience:  Experienced Criminal Trial Attorney since 1998.
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MY HUSBAND & I WERE CHARGED WITH NEGLECT BY CPS.... AFTER

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MY HUSBAND & I WERE CHARGED WITH NEGLECT BY CPS.... AFTER ALMOST A YEAR OF FIGHTING THIS THEY OFFERED ANOTHER DEFENDENT A PLEA DEAL THAT INCLUDED DISMISSING OUR CHARGES. HOW THAT WE HAVE APPIED FOR VISITATION & RETURN OF CUSTODY...CPS HAS SAID THAT THEY WILL RE INSTATE THESE CHARGES IF WE PERSUE THIS AVENUE. THIS IS OUR 15 YEAR OLD GRANDSON THAT WE HAD CUSTADOY OF FOR THE PAST 7 YRS & HAVE NOT BEEN ALLOWED ANY CONTACT WITH HIM IN OVER A YEAR. WE HAD A HEARING WITH THE NYS REGISTRY & WAS FOUND TO BE NOT INDICATED.. CAN DISSMISSED CHARGES BE REINSTATED? ISNT THIS DOUBLE JEPORDY ? TYVM ELAINE
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Unfortunately, yes dismissed criminal charges can be refiled anytime within the statute of limitations, and it is not double jeopardy. "Jeopardy" within the meaning of the Fifth Amendment to the U.S. Constitution does not attach until a jury is sworn or a guilty plea is entered.
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