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After going to court and the judge telling me my case see…

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after going to court...
after going to court and the judge telling me my case see dismissed if the court doesn't contact me within 30 days that my case was over but a year latter i was rearrested on the vary same charge again what court is aloud to do this to bringing up charges that happened from a previous arrest? i don't to put my name on your site for fear being targeted by police.
Submitted: 5 months ago.Category: Legal
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Answered in 1 minute by:
12/10/2017
Lawyer: Zoey, JD, Attorney replied 5 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,498
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post and am composing you an answer. You don't have to put your name on any question.

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Lawyer: Zoey, JD, Attorney replied 5 months ago

When a case is dismissed, it can be dismissed "with prejudice" or "without prejudice." If the judge dismisses it with prejudice, that means the case cannot be refiled again ever.

If the judge dismisses it without prejudice, however, the state can file charges again so long as the statute of limitations hasn't already run out on that crime.

How do you know if a judge dismissed with or without prejudice? It would have to be stated on the record at the time of the dismissal if the judge dismissed it with prejudice. If he said nothing at all, it would be dismissed without prejudice and the state could refile.

This is not uncommon. Sometimes the state can't go forward because, for example, they can't find their complainant or they don't think they have enough evidence. They dismiss, and then they locate the complainant who's interested in prosecuting. Or they get new information that allows them to go forward. So they refile.

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Customer reply replied 5 months ago
no refile they came with guns drawn cuffed and
Lawyer: Zoey, JD, Attorney replied 5 months ago

Thank you. So what happened after you were arrested? There was no case and they let you go? How long ago did this happen and in what US state?

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Lawyer: Zoey, JD, Attorney replied 5 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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