My fiance had a possession of a fire arm AFCF charge brought up on him in 2016. Which was dismissed. Well last year they brought them back up and once again they were dismissed. And now they refiled and brought them back up again. My question is how and can they do that? Isn't that double jeapordy,,or what is their time frame? Or can't we get it dismissed with Prejudice.? Or can we file a motion to dismiss. And if it was dismissed with Prejudice can they bring them back up again?
A DA can and will file any charges he wants to with a stroke of a pen. Whether or not the defendant should be convicted of them is another matter.
Double jeopardy doesn’t occur unless the defendant has already been punished for the same crime in the same court or unless charges have been dismissed with prejudice or with costs.
If the DA simply dismissed the charges on their own choice, they can refine them so long as the statute of limitations hasn’t run. This will happen in cases where they may be missing a necessary witness, for example. So they dismiss it themselves so it’s not dismissed by a judge so they can refile it.
Yes, they can bring it back up again. HOWEVER, his attorney needs to find out why it was previously dismissed and see if there is a reason to get it dismissed again hopefully for the last time
Yes the DA can refile, however at some time it becomes harassment and you will need an attorney.
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