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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3169
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My brother threatened t o kill me several times two years

Customer Question

my brother threatened t o kill me several times two years ago and he carrie a gun everywhere the gun "disappeared" and he took me to court for stealing it
JA: Thanks. Can you give me any more details about your issue?
Customer: judge dismissed for lack of evidence and the gun, unfortunately, was not disposed of properly and reappeared last yeat my name is ***** ***** it. my brother said the detectives who returned the gun to him want ed him to press charges but he refused at the time. now, he wants to press charges because we do not get along can he actually press charges on me
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Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


The case was already dismissed for lack of evidence. If it was dismissed with prejudice, the state couldn't file it again. If it was dismissed without prejudice, then it could be filed again. If nothing was said as to prejudice when it was dismissed, then it was dismissed without prejudice and a case could be refiled.

How long ago did he claim the gun disappeared and in what US state did this happen?