View Full Version : Bringing charges back up
misstammy
Feb 18, 2009, 09:42 PM
My brother's charges were dismissed because the cop didn't show up for the hearing. Can those charges be brought back up?
twinkiedooter
Feb 18, 2009, 10:27 PM
You said the charges were dismissed, then no, they cannot just bring those charges back up.
excon
Feb 19, 2009, 06:12 AM
Hello mis:
If the charges were dismissed WITH prejudice, they CANNOT be brought up again.
However, if they were dismissed WITHOUT prejudice, they CAN bring them up again.
excon
Fr_Chuck
Feb 19, 2009, 06:20 AM
As excon stated, it will all depend on how the judge dismissed the charges.
He should have went for a summary verdict of not quilty.
Normally when they do, it is done where they will not retry the case.
My gut feeling is if it was a very serious case they would have merely continued it,
I find it very unlikely the DA would try again.