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Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10685
Experience:  Over 10 years of criminal defense practice.
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I went to my pre-warrant hearing with my attorney. I am accused

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I went to my pre-warrant hearing with my attorney. I am accused of theft by taking, felony. No one appeared for the prosecution. The magistrate judge said, "Motion for dismissal is granted". Now a new pre-warrant hearing date has been set. The difference on the correspondence I received from the courts is that in the first letter, the prosecutor was the pharmacy company I worked for. On the second letter, the prosecutor is the regional manager who fired me from my job. My question is can another pre-warrant hearing be held after being dismissed?
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

They can certainly try. What your lawyer is going to do is ask the judge to dismiss the case yet again, citing 1) it's already been dismissed, and 2) the regional manager is not the victim, the company is. That said, if the company was to really press the matter even further after dismissal they can try to get the state to do a direct presentment to the grand jury and skip the hearing process altogether.

Hopefully, your lawyer is successful and they will cease trying to prosecute. Dealing with a grand jury is a lot more trouble than it's likely worth and the district attorney is most likely not going to want to deal with it.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate

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