Tuesday, June 17, 2014

If someone is accused of a crime, the person pleads not guilty and the charges are dismissed, can they be brought up on charges again for th...

Question

If someone is accused of a crime, the person pleads not guilty and the charges are dismissed, can they be brought up on charges again for the same crime? Would this fall under double jeopardy?



Answer

The State can re-file charges it has dismissed if the time period for speedy trial was waived or tolled prior to the dismissal of the charges. I suggest you contact an attorney to speak more specifically about the facts of your case to determine if there is a possibility that the charges can be re-filed.



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