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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23561
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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A young girl was found to have in her possion fentanal duragisic

Customer Question

a young girl was found to have in her possion fentanal duragisic pactes 3 50mg in her posecion and was to go before the grand jury but they never did conven the the case was dimissed by the circite court judge as frivious and dissmissed the officer from that police department or anyother rep did not show for the hearing. Now that the said evidence is back from the lab they the police of this small town are trying to retry this case.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
If the case never reached the trial phase, then double jeopardy doesn't apply. That means unless the judge dismissed the case "with prejudice" the state is entitled to try again if it gets better evidence.
The young girl needs representation. There may be a lot of irregular things going on in the background that have to be looked at during the course of the case and which may ultimately get this case dismissed. But is the state allowed to get a second bite of the apple and bring charges again? Probably so.
To be certain, the girl's lawyer would have to look at the record of what was said when the case was dismissed. If the case was dismissed with prejudice -- meaning that that the state would not be allowed a do-over -- that would have to be on the record. If the record is silent (says nothing) about that, the law takes that to mean it was dismissed without prejudice and the state can refile charges.

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