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Can police re charge you with "disturbing the peace" after they have already dropped the charges ? ***

Kalamazoo, MI |

sorry wrote "disturbing police instead of peace"
I had a party in October on the 19th, was arrested for noise violation and then went to jail, payed bail, got out. Then was told to go to court on november 2nd. When I went to court they told me all of my charges had been dropped. They sent me my bail back. Now 3 months later I just got a letter in the mail for a warrant for my arrest because of "disturbing the peace" from oct. 19th.

Attorney Answers 4

Posted

You need tp discuss this with an attorney personally. You also need to appear as directed.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Asker

Posted

Do you know if the police can recharge you, after they already dropped your charges?

Posted

Yes. You can be charged again for the crime if the charges were dropped. Double-jeopardy does not apply yet in the case as you have described. Make sure you get a criminal defense attorney in the Kzoo area for help. If you cannot afford one, ask the court to appoint one to you. DO NOT say anything else to the police or prosecutor. Plead not guilty and only speak to your lawyer. Good Luck!

The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.

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Asker

Posted

Thanks Edward! I was already once arrested for this charge too, can they re-arrest me? I know they can re charge me, but they said they had a warrant out for my arrest now?

Edward Jacob Sternisha

Edward Jacob Sternisha

Posted

Yes. If there is a warrant for you that means the police will be arresting you. It may be possible for your lawyer to work out a deal where you do not have to be arrested if you turn yourself in at court. Good luck!

Posted

Yes, unfortunately they can still bring back the charges. I wonder why the charges were dismissed in the first place? Many times when a case is dropped and recharged, there is evidence that is problematic or other witness related issues. Hire a good attorney and see what can be done about getting the charges dismissed again.

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Posted

You mention "noise violation." It is possible that the "noise violation" charge was a township or other local ordinance. That may have been dismissed for a variety of reasons. The "disturbing the peace" charge may be a state charge. In other words, they may be two separate things, charged under different statutes.
Even if the new charge is simply a recharging of the original, the short answer is "yes," they can do this. New evidence may have been obtained that makes them now want to proceed where they didn't before. If that is the case, there could be a number of weaknesses in terms of the evidence, but there is no double jeopardy issue. You need an attorney to help you with this. Best wishes.

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