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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26767
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My name is ***** ***** *****, and I was recently and

Customer Question

My name is ***** ***** ***** , and I was recently and unexpectedly picked up on several felony warrants on charges that were already rejected by the district attorney 6 months ago! IS THIS LEGAL?
JA: Thanks. Can you give me any more details about your issue?
Customer: Sure, I was arrested but not arraigned within 72 hrs, I was jailed for 6 days before released in September 2015
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Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
I was then read arrested at my home on the same charges in the former of warrants this weekend, I am disabled and in the care of a caretaker, my girlfriend, who in this case would be the complainant, or lack thereof in a d.v. , case, followed, with criminal threats, a dui, felony evading, residing arrest, etc, all within walking distance from my front door... Still with no. Police report, no appointed p.d. no discovery, etc, all set for president trial as of 24 hrs after I posted bail?
Customer: replied 1 year ago.
I was arraigned this time within 72 hrs of the second arrest on the same charges however the prosecuting d.a. was still not available in the court for the people, they were unable to provide me with a police report, my public defender told me I need to speak with someone who can give me legal advice, the judge questions how someone in my condition is even capable of committing this amount of offenses at one time, yet here i am?
Expert:  Zoey_ JD replied 1 year ago.


Yes this can be legal. A case can be dismissed for many different reasons. It doesn't necessarily mean the state believes a defendant is not guilty. So when a case is dismissed, unless the court rules that a case is dismissed with prejudice, a prosecutor is allowed to refile charges.

In this instance, the DA apparently has whatever he didn't have the last time, as the charges are sticking. That is, you've been arraigned, you've been assigned a lawyer and your case is still pending. You may have some civil remedies available to you if they wrongfully held you back in September. But as for the new arrest, it would appear to be lawful. In any case, in order for this to be a false arrest, you're going to have to be acquitted of all charges. Otherwise, any conviction, either by trial or by plea will make a false arrest by definition true.

You were only just arrested. Cases can pend for months, even more than a year, before they are ripe enough to go to trial. If you were only just arraigned and you are indigent, you need to ask the court for a public defender and the discovery will be turned over to your lawyer at the appropriate time.