Why would a case be dismissed then immediatly refiled

Asked about 2 years ago - Long Beach, CA

criminal threats and vandalism family signed legal document stating were not pressing charges case was dismissed them immediatly refiled

Attorney answers (4)

  1. Joshua Kaizuka

    Contributor Level 16

    5

    Lawyers agree

    Answered . There are a number of reasons and there is not enough information here including where in the criminal procedure process the dismissal occurred or what the reason was stated in court when it happened. A refile on a case that was dismissed can only occur in felony cases so the best way to find out what happened is to talk to the attorney or public defender who represent the defendant.

  2. Harry Edward Hudson Jr

    Contributor Level 20

    4

    Lawyers agree

    Answered . There is no egal document stating that a family is not "pressing charges". The decision to pursue / prosecute an alleged crime is solely in the discretion of the government. Would expect that there were some difficulties in presenting the case. Criminal threats is considered a serious felony. The DA can potentially refile twice.
    Were I the defendant and his/her family, I think I would be careful what I said to ANYONE, includng family and friends, and especially cops.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  3. Greg Hagopian

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . Lots of potential reasons, BUT, usually, it is because the District Attorney could not proceed with the Prelimianry Hearing on that date selected. Since a defendant has a right to a Preliminary Hearing within 10 days of arraignment if they refuse to "waive time" the Preliminary Hearing will be set somewhere in that timeframe. Sometimes the DA can't be ready with their wittnesses that fast, so they dismiss and refile to get more time.
    Like I said, there are lots of potential reasons, but this is by far the most common reason for a dismissal and immediate refile.

  4. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . It appears the matter is in Long Beach. Long Beach like many courthouses in Los Angeles County have many prosecuting agencies. The facts provided are limited, but it is not unlikely that the matter was rejected by the District Attorneys office and then filed by the City Prosecutor. Or the matter may have been dismissed by the District Attorney at one time, only to discover additional evidence. If the matter is a felony then the District Attorneys' office may be able to refile. If the matter was a misdemeanor, then it is unlikely to be refiled. I would suggest contacting a criminal defense attorney for a free consultation to determine your Rights and to make an informed decision in whether or not it is feasible to retain an attorney.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more

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