Skip to main content

Is it legal for D.A. to prosecute a crime using evidence from a case that was dismissed in another county?

Nashville, TN |

Individual was charged with class B felony. Officers who served search warrant/interrogation/arrest were from out of the county. Case was dismissed (out of jurisdiction). Case was re-indicted in correct county. No new search warrant/interrogation were done. Individual was arrested in correct county and is awaiting court date. Is it legal for this county's D.A. to prosecute the crime using evidence from the case that was already dismissed? All evidence they possess now (interrogation tape, material found in house, etc) are from the first time when the case was dismissed. If the case was re-indicted in a new county would they not have to start over? (issue new search warrant/interrogation, etc?)

Attorney Answers 2

Posted

Short answer is no they do not have to start over. Any evidence obtained by the government can be used in other cases. There is an argument that the evidence could be "fruits of a poisonous tree" and be inadmissible. The accused needs to hire an criminal defense attorney ASAP so they can start preparing for defenses and trial.

"Nothing in this communication is meant to establish an attorney-client relationship. The information is provided for educational purposes only. No action will be taken on your behalf unless you have have hired me and entered into a written retainer agreement. I am only licensed in Tennessee and I suggest contacting an attorney in your specific city and state as soon as possible to avoid any statute of limitations deadlines, if applicable."

Mark as helpful

2 lawyers agree

2 comments

Asker

Posted

>> "Any evidence obtained by the government can be used in other cases" Officers from county A searched a home in county B, interrogated and arrested the suspect. Judge from county A dismissed the case. It was out of jurisdiction. How can county B use the evidence that was thrown out by judge of county A without doing their own search/investigation/interrogation, etc... this doesn't sound legal to me.

William Kevin Hodges

William Kevin Hodges

Posted

It may not sound legal to you but it is. Information gained by the police from other police is deemed reliable and can be used. All it takes is bringing the officers in and they can testify what they discovered as long as that information is deemed admissible by the courts.

Posted

If they filed in wrong county, they have to dismiss and defile. No problem with using evidence from another county.

Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.

Mark as helpful

1 lawyer agrees

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics