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dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6009
Experience:  J.D. degree, 15 years practice
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My husband was charged with leaving the scene of an accident

Resolved Question:

My husband was charged with leaving the scene of an accident which was dismissed without prejudice in early May. A constable left a note on our door on August 31 and with research we discovered that my husband has a court date on Sept 4 for an arraignment hearing for a new case for criminal traffic. We are assuming they are bringing back the original case. Are cases that are dismissed without prejudice routinely and arbitrarily brought back up even though there is not new information, or do they likely have new information? Should my husband attend the court date even though he has not been served and otherwise would not know that he is on the docket?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  dkennedy replied 5 years ago.

dkennedy :



Dismissed without prejudice means they can bring that back at any time. Possibly they have new information, or perhaps a police officer or witness was not available before and is available now. They could also have just reconsidered and decided to prosecute it anyway. I would suggest he go to the court hearing because it is much better than trying to argue later when there is a warrant for his arrest. Please ask any follow up questions you might have.





Thank you, XXXXX XXXXX not have further questions at this time.

dkennedy :

You are welcome. Please feel free to come back anytime.

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