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-   -   Bringing charges back up (https://www.askmehelpdesk.com/showthread.php?t=319243)

  • Feb 18, 2009, 09:42 PM
    misstammy
    Bringing charges back up
    My brother's charges were dismissed because the cop didn't show up for the hearing. Can those charges be brought back up?
  • Feb 18, 2009, 10:27 PM
    twinkiedooter

    You said the charges were dismissed, then no, they cannot just bring those charges back up.
  • Feb 19, 2009, 06:12 AM
    excon

    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
  • Feb 19, 2009, 06:20 AM
    Fr_Chuck

    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.

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