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In every case I have ever been involved in or heard of, when the ADA brings back charges that were dismissed before it is because they have new evidence. Further, it is highly unlikely that the judge failed to read the file. That's the first thing they do in every case I've ever been involved in or heard of. As well, it would be very unusual for the clerk magistrate to dismiss a charge with prejudice. They don't have that power, only a judge can do that.
How is it you plead guilty to a charge when you were not guilty?
Attorney Lauren Craig Redmond ~ 617.953.6116 ~ No attorney/client relationship is established or implied by any email or phone conversation.
The case was dismissed with "prejudice". Then you cannot be retried unless there is new evidence that comes to light. However, it sounds like the criminal charges were never actually issued against you because it was only a clerks hearing and no formal charges actually issued against you. Therefore, they may be able to bring charges against you. It's certainly something you can fight at the appellate level, if need be.
Give me call if you need any help.
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