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Can they charge me again with the same thing?

Mocksville, NC |

Recently went for probable cause hearing for petition brought against me. It was dimissed because of defects in paperwork can they correct the information and bring the same charges against or will that be considered to be pass the 15 days.

Attorney Answers 3


  1. They can either charge you again and have another probable cause hearing, or they can skip that step and go straight to a grand jury for an indictment. It is not double jeopardy.


  2. I agree with my colleague. It'd be best for you to start lining up representation just in case.

    Disclaimer: No attorney client privilege is established by receiving an answer to your question on Avvo. This answer is provided for informational purposes only. If you have further questions, please do not hesitate to visit my Avvo profile or website -- www.AfterTheTrial.com -- to set up an appointment to talk more about your issue. As required by Rule 7.2(e), Alabama Rules of Professional Conduct, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.


  3. The only way to use double jeopardy to your advantage and never be prosecuted for the same incident is to either get be acquitted at trial or have the case dismissed (not a mistrial) after the first witness is sworn in a non-jury trial or after the first juror is sworn in a jury trial.

    My answering this question and your reading this answer does not create an attorney-client relationship. I only form attorney-client relationships upon a face-to-face meeting with prospective clients.

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