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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26738
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I know my sons lawyer said his prime goal is to keep out of

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I know my sons lawyer said his prime goal is to keep out of jail and he said that the second county line was within 100 feet of the store why did they not just re open the case in the first county?
Lawyer felt this would not go to court but had not seen arrest report yet based on the 2 counts of theft 1 and his knowledge of either past cases or being former DA
If this county drops with the one year clause what are the odds of them keeping this up by going back and forth?
His lawyer is 8 year DA and says the DA and judges are good people
He should know how to get this resolved?

I've answered a few questions now relating to this incident but the answer to the specific question you are asking is found in the court complaint and the discovery material, which experts here cannot see. Without having access to the file or the court papers, all anyone can tell you is that the state is bringing the charges in the neighboring county because they have more or stronger evidence there than they do where the store is.

This is not unusual, since the goods left the store as part of the alleged act. Your son's lawyer should be able to tell you specifically why the other county has the right to prosecute your son, because he can see the court papers. If the other county has no relationship to the crime then the court has no jurisdiction over the case and the case should be dismissed. If the case has a relationship to the county, then it can be prosecuted there.

Can the state also refile the original case in the original county? Maybe. There is no way of telling without looking at what was filed with the first case, what was said on the record when it was withdrawn and what would be filed again, if it ever is.

Your son's lawyer is experienced. He should know how to resolve problems if they arise. If he thinks your son has a good judge and has worked in front of him before and they like and respect each other professionally, that can be very helpful to your son. Similarly, if he can get along with the DA.
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