My husband is currently incarcerated and he had a weapon possession charge that was dropped, but the courts picked the charge back up. Are they able to do that?
The more urgent issue right now is for your husband to obtain a qualified lawyer for his weapon possession charge. With his lawyer, your husband can address any attack that might be made on the recharge of the weapon charge, including checking whether the charge was dismissed with or without prejudice to recharging the case, and possibly attacking the recharge on speedy trial grounds.
All the best to your husband.
None of my comments on AVVO's website constitute legal advice. It is only food for thought for possible matters to address with a qualified lawyer. The disclaimer page on my website linked above applies to all my answers on AVVO.com .
Yes, the Commonwealth Attorney is free to nolle pros or not prosecute a case at any time. Examples may include the Commonwealth may not be able to have all of their witnesses present or do not have the means to have a certificate of analysis admitted into evidence. Speak to your husband's counsel to learn if any agreements have been made in regard to this dropped charge. Good luck
None of my comments on AVVO's website constitute legal advice. It is only food for thought for possible matters to address with a qualified lawyer in your jurisdiction.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline