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Can charges be refiled for charges that have alread been declined w/ nothing pending?

Tulsa, OK |

Charges were declined in court and I have been arrested on a warrant that was issued for the charges that have been refiled for the same charges. I had no idea this ever happened, are they supposed to notify me when this happens.

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Attorney answers 1

Posted

As long as the statute of limitations has not expired, they can refile the charges unless the charges were previously dismissed with prejudice. The warrant is the notification. Although it would be nice if the court would send out letters to people telling them that charges have been filed, there is no requirement to do so and with the exception of a few municipal courts, I know of no courts that do that.

It is possible that the charges were initially declined Due to lack of evidence that the police officer further investigated and represented the charges.

Answers to AVVO questions are for general purposes only and do not establish an attorney-client relationship. This answer is not a substitute for legal advice and should not be relied upon without a full consultation with an attorney that can fully look at issues involved.

Asker

Posted

the officer has already released the property back to us that they indicated was stolen, no further charges or arrest have been made so how would they be able to come up something additonal to what was origianlly charged?

John Hunsucker

John Hunsucker

Posted

Any answer to question would be pure speculation. It could be anything from a new witness coming forward to the officer just didn't put enough information in his report causing him to rewrite with more detail and represent to the DA. It is something your attorney can look at but can't be answered without actually looking at al,l of the facts of the case. John Hunsucker Hunsucker Legal Group One North Hudson Avenue, Suite 700 Oklahoma City, Oklahoma 73102 405-231-5600, www.OKDUI.com

Asker

Posted

Thanks for the info!

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