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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33553
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Is it legal for the court to dismiss a charge and then go back

Customer Question

Is it legal for the court to dismiss a charge and then go back two months later and take the same charge to the grand jury for a indictment.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  JD replied 8 years ago.

It depends on the nature of the dismissal. Was it dismissed at a preliminary hearing?

Customer: replied 8 years ago.

No. They moved for the dismissal while the defendant was still incarcerated. But then two months later they sent the same charge to the grand jury and received a true bill for the same charge.

Expert:  JD replied 8 years ago.

Generally the state can dismiss a charge and refile so long as jeopardy has not attached (usually after the jury is sworn in). However, there could be something in the Texas procedure that prohibits refiling charges in other scenarios so I'll opt out and see if one of our Texas lawyers can jump in.

Customer: replied 8 years ago.
They refiled after the defendant's parole was discharged which was 1 month after the dismissal.
Expert:  Dwayne B. replied 8 years ago.
It is permissible to go back to the grand jury and reindict as long as they are within the statute of limitations. While it doesn't happen every day, it is a fairly common occurence.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

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Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33553
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
What would happen if the state made up a dismissal just for the defendant to be discharged from parole and then when the defendant is discharged from parole they sent it to the grand jury two months later?
Expert:  Dwayne B. replied 8 years ago.
Unfortunately, it wouldn't make any difference at all. It is unusual for it to occur like that, but not unheard of.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR TEXAS ATTY” in the subject line and I will pick up the next time I am online.