If a case is dropped or dismissed in court because the cop did not show. Can the state come back and indicte you on the same charges?
If the case is a misdemeanor and double jeopardy has not attached, the state has 18 months from the date the alleged crime occurred to file formal charges. This is assuming they declined to file formal charges prior to your first appearance date.
For felonies, they have up to 36 months to file, or re-file, so long as double jeopardy has not attached.
However, if, in the final order of dismissal, it says, "dismissed with prejudice," it is done forever. Although, this is unlikely to be present in the order.
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Yes. The state can indict you even if the cop showed up and there was a finding of no probable cause. If you have been notified that an indictment has been returned against you, you should immediately consult with an experienced criminal defense attorney; and be prepared to have bond set at arraignment. Most of us provide free consultations. www.galivanlaw.net
The short answer is yes, but there are a few twists.
If this is a felony, the state can always indict. There is a thirty day rule for indictment or preliminary hearing, but there is no remedy if the state violates that by going over the 30 days. If they take too long you could make a constitutional speedy trial argument.
If it is a misdemeanor and the state does what in Cook County is called an "SOL" the State has six months to place the case on the docket again. They almost never do. If you are worried about this, hiring a lawyer is definitely a good idea.
Generally yes, subject to state law re filing and the procedural status of the case. If the DA dismissed after jury was sworn. NO. Double jeopardy , in my opinion, would apply.
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Yes. You may be indicted again as there is no double jeopardy concept attaches since you were never tried to begin with.
If charged retain a criminal attorney at once.
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