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Can police re charge you with "disturbing the police" after they have already dropped the charges 3 months later?

Kalamazoo, MI |

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 2

Posted

As I explained in your other posting, the answer is yes. Make sure you get a lawyer right away to help you. 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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Posted

Yes. As long as the case was dismissed before the case actually went to trial, the dismissal is considered "without prejudice," which means the case case be brought again. The double jeopardy clause of the U.S. Constitution prevents people from being tried twice for the same crime. But you have not yet been tried once, because the case was dismissed before trial. There could be many reasons why the case was dismissed and why it has now been reauthorized. In any event a real win has to be on the merits of the case.

(This response should not be considered specific legal advice as to specific legal problems. It is a general overview intended to provide the questioner with general legal principles which he or she might find helpful in further researching his or her situation and in determining whether to consult with an attorney about the specific facts of the matter. The law is generally more complex than the brief overwview provided here. The questioner should not act in reliance upon this response; rather, any legal decisions made should be based on an individual consultation with a qualified attorney.)

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