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

Asked over 1 year ago - 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)

  1. Edward Jacob Sternisha

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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... more
  2. Loren M. Dickstein

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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.

  3. Patricia A. Reiser

    Contributor Level 8

    2

    Lawyers agree

    Answered . 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.

  4. Harry Edward Hudson Jr

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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