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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4502
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I received a summons in the mail for a case that I thought

Customer Question

I received a summons in the mail for a case that I thought Hd been demissed last year in May. I t was a case of someone saying I had pushed them. I got a lawyer and went to court. The judge felt it was a case of he said he said. Today if received a summons saying a battery crime had been committed i don't understand and what should my next step be
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 6 years ago.
Hello.

If the case was merely dismissed (and the dismissal was without prejudice), charges can be refiled at any time during the statute of limitations period. If you were actually found not guilty or the charges were dismissed with prejudice, then charges cannot legally be refiled against you. I'm not really sure why the prosecutor would recharge what appears to be a weak case, unless they somehow found new evidence. You may want to go back to your original lawyer, since he is familiar with the case already. That way he can see if there is anything procedurally wrong with you being recharged and argue for a dismissal if their is, or represent you in case the recharging is valid and you need someone to advocate for you in trial.