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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28384
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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If you appear before a judge and plead not guilty, and get

Customer Question

If you appear before a judge and plead not guilty, and get sent to the table with the DA and tell her you are not guilty and want a jury trial. The judge sends everyone to another room.The case is dissmised .can the DA refile the same case or would this be double jerperity.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: This is texs
JA: Has anything been filed or reported?
Customer: This was at pretrial to enter a plea for inhumane treatment of a animals
JA: Anything else you want the lawyer to know before I connect you?
Customer: I did not bring any papers with me
Submitted: 2 months ago.
Category: Legal
Expert:  LegalKnowledge replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 2 months ago.

Good afternoon. I certainly understand the situation and your concern. Yes, the State can always refile.

The government must place a defendant “in jeopardy” for the Fifth Amendment clause to apply. The simple filing of criminal charges doesn’t cause jeopardy to “attach”—the proceedings must get to a further stage.

Generally, jeopardy attaches when the court swears in the jury. In a trial before a judge, jeopardy attaches after the first witness takes the oath and begins to testify.

Expert:  LegalKnowledge replied 2 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  LegalKnowledge replied 2 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!