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Ask Deirdre Your Own Question
Deirdre
Deirdre, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 42
Experience:  16 years experience as a highly successful criminal defense lawyer, many acquittals & dismissals.
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can a person get charge twice for the same drug on the same

Resolved Question:

can a person get charge twice for the same drug on the same day the person appeal in court the judge drop the case and just got summon for the same thing
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Deirdre replied 8 years ago.
It depends on the facts. Can you give some more details?

What state are you in?
What were you originally charged with? (misd/felony? exact charge? state or federal court?)
Why was the case dropped?
What were you charged with the second time?

Once you back to us with that info, we'll be able to answer your question.

Thanks.
Customer: replied 8 years ago.
On april 13 my son was found with 29 gram of marijuana we when to change the date becuase we had a trip to go they told him to show up that monday to court the judge called him up and with thought out and that was the end today we recieve a summon for that same charge to go to court
Customer: replied 8 years ago.
On april 13 my son was found with 29 gram of marijuana we when to change the date becuase we had a trip to go they told him to show up that monday to court the judge called him up and with thought out and that was the end today we recieve a summon for that same charge to go to court illinios joliet
Customer: replied 8 years ago.
illinois a class A misdemeanored he just dropped da case he said im not geting charged and i was dismissed and now there sending me to court on the same charge for the same crime
Customer: replied 8 years ago.
illinois a class A misdemeanored he just dropped da case he said im not geting charged and i was dismissed and now there sending me to court on the same charge for the same crime
Expert:  Deirdre replied 8 years ago.
<p>First, a case can be dismissed either with or without prejudice. "With prejudice" means the DA cannot refile in the future, "without prejudice" means the DA could refile within the statute of limitation if they chose to do so.   If the DA dismissed the case on their own motion, they typically would not file unless they learned something more about the crime or the accused commits a new crime causing the DA to change his/her mind.</p><p> </p><p>If the new charge is the same as the one previously dismissed and is coming from the same court and the same DA's office, and nothing bad has happened in the interim (e.g., new arrest) then it is likely a mistake. There would not be a reason for the DA to reopen the case if nothing has change. </p><p> </p><p>If the case was dismissed with prejudice then the DA would have no right to refile the charges, even if the accused did something to cause the DA to change his mind.</p><p> </p><p>You should have your lawyer call the DA's office and sort this out.</p><p> </p><p>I hope this helps. If so, please click Accept so that I may get credit for my time.</p><p> </p><p>Good luck</p><p>Deirdre</p>
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