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    CASSY12's Avatar
    CASSY12 Posts: 3, Reputation: 1
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    #1

    May 10, 2009, 11:49 AM
    Sentenced on dismised charge
    I was arrested on a charge. I spent 68 days in jail then the charge was dismissed, the jail didn't release me, the next day I went back to court on a motion to clarify. I refused to accept a plea by the state the judge then placed a $5000 bond on the charge that was dismissed, and a week later I was convicted and sentenced to jail on the dismissed charge.
    Wouldn't that be illegal?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    May 10, 2009, 12:54 PM

    Didn't you have an attorney representing you on this? Why would you think this is illegal? If you had an attorney represent you in court, I'm sure he would have brought that to the Court's attention that it was illegal.

    It does not matter how many times you ask us this question, basically you aren't going to get any "magic" answer here other than what we've already told you in your previous question.
    Sunflowers's Avatar
    Sunflowers Posts: 218, Reputation: 23
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    #3

    May 10, 2009, 01:17 PM

    With the vague scenario you present for us here, this is my understanding:

    You were arrested and charged with (unknown). After 68 days behind bars the charge was dismissed. Was your unknown charge dismissed with or without prejudice? You say you have an unknown charge with an unknown type of dismissal. How close to correct do you want your answer to be?

    On the 69th day of your jail stay you were back in court on a motion to clarify. Did you file that yourself or did you have a lawyer? The state offered you a plea bargain and you refused so the judge ordered a $5,000 bond on your original charge. And a week later you were convicted and sentenced.

    Going by the information you have provided it would appear that you were prosecuted legally.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 10, 2009, 06:38 PM

    And prosecuted very quickly, in fact so quickly makes me wonder

    But no, you can never ( NEVER) be convicted of a dismissed charge, NOW they can re-file charges, dismiss one charge but refile if there was a issue with the first charge.

    But sounds like you just misunderstand the dismissed

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