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Why would a case be dismissed then immediatly refiled

Long Beach, CA |
Filed under: Criminal charges

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

Attorney Answers 4

Posted

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.

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5 comments

Asker

Posted

it was at prelimanary prosecution said they werent ready been in jail now 4 mos

Joshua Kaizuka

Joshua Kaizuka

Posted

On most felony prosecutions, there is a 2 dismissal rule, a second bite at the apple for DAs. The best information will come from the attorney representing the defendant as to what will happen next.

Asker

Posted

attorney says relax all will be ok, but I dont understand how they can dismiss then refile, is it because the DA wants to pursue because defendant has criminal background, what about the legal signed papers by witness saying wont pursue and wont press charges

Asker

Posted

are you stating that after this refile the DA wont be able to refile again if dismissed again the evidence is weak

Joshua Kaizuka

Joshua Kaizuka

Posted

These questions are more appropriate for the attorney who represents the defendant and knows the facts and how the law applies. As to the 2 dismissal rule on most felonies, it is in the Penal Code. Again, the attorney handling the case is in the best position to know what is going on with the case.

Posted

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 relationship as this forum does not provide for a confidential communication.

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Posted

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.

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Posted

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 based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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