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How can DA overturn Judge throwing out case after she didnt want to do preliminary hearing

Canandaigua, NY |

she said he had no right to was going to Albany cause he did it .....

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Filed under: Criminal defense
Attorney answers 4

Posted

Sorry, not enough facts to answer your question.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Asker

Posted

we went to court for felony the judge threw it out because DA stated they wouldnt do a felony hearing they would not pertisipate in it the judge said we had a right to one so he looked into and got a court date we did it he threw out and now DA said going to Albany that judge shouldnt have threw it out she wasnt notified of it she was suppose to be there and was late judge even waited then went forward..... now trans scripts are being looked at because she has said never said it.......

Posted

Your question is not clear.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Asker

Posted

we went to court for felony the judge threw it out because DA stated they wouldnt do a felony hearing they would not pertisipate in it the judge said we had a right to one so he looked into and got a court date we did it he threw out and now DA said going to Albany that judge shouldnt have threw it out she wasnt notified of it she was suppose to be there and was late judge even waited then went forward..... now trans scripts are being looked at because she has said never said it.......

Posted

The prosecutor may still proceed to indict you even though the preliminary hearing resulted in a finding of insufficient evidence and the dismissal of the charge.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

Posted

Well they can still pursue an indictment. You should definitely obtain an attorney in case this goes any further and go over the facts with them.

If this answer was helpful please click that block. Answers in the forum are only general and it is always best to contact a criminal defense lawyer to discuss your case. We handle NY, NJ and all Federal Court cases. Bukh Law Firm P.C., 14 Wall Street, New York NY 10005, (212) 729-1632. www.nyccriminallawyer.com

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