How can they dismiss a charge and then re enter a charge get a warrant for my arrest on a charge i already bonded out on

Asked almost 2 years ago - Wheaton, IL

i was pulled over on a revoked bonded out 5 months later i was charged for pos of .39 grams of coke they showed up at my place of work and arrested me .the car wasnt reg in my name. i went to court for the driving charge the Pros. dismissed the charge an entering the same charge but as a felony can they do this and why

Attorney answers (4)

  1. Judy A. Goldstein

    Contributor Level 20

    2

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    Answered . Yes, this can be done. The case was dismissed with leave to reinstate. You were then charged with the higher crime based upon a new indictment. You need a lawyer and you need to not discuss your case in this or any other public forum or with family or friends. The only person you should discuss your case with is your lawyer, whether PD or private counsel.

  2. Joshua Sachs

    Contributor Level 19

    4

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    Answered . Yes. Misdemeanor dismissed on motion of the State and felony charge filed based on the same facts. Perfectly normal. Perfectly proper. Obviously you should be retaining an attorney to represent you on this serious charge. There are many excellent criminal defense attorneys in Du Page County. Good luck with your case.

  3. Frank Cece Jr.

    Contributor Level 6

    2

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    Answered . Let me see if I understand your situation. You were arrested for a revoked license and bonded out. 5 months later you are arrested again for possession. The revoked charge was dismissed then you were charged by Indictment with felony revoked? Yes they can do this. If your driving background shows prior revoked or suspended charges, the prosecution can upgrade the driving offense to a felony.

    This answer is not legal advise. It is merely informative. In order for there to be an attorney-client... more
  4. Melissa I. Smejkal

    Contributor Level 18

    2

    Lawyers agree

    Answered . Yes, they can do this. Happens all the time.

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