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-   -   Unlawful conviction (https://www.askmehelpdesk.com/showthread.php?t=351993)

  • May 10, 2009, 08:59 AM
    CASSY12
    Unlawful conviction
    Is it double jeparody if the court dismisses a charge then two days later place a bond on the charge, and evenually convict and sentence you to a jail term although the charge was dismissed?
  • May 10, 2009, 09:05 AM
    JudyKayTee

    How did the Court convict/sentence on a dismissed charge? Are you saying the charge was reinstated, perhaps using a different section of the law? What were the terms of the original dismissal?
  • May 10, 2009, 12:48 PM
    ScottGem

    Double jeopardy applies when a person is found innocent of a charge. They cannot be tried on that charge again.

    If there was no guilty/innocent resolution of the indictment, it would depend on how the issue was resolved by the judge as to whether double jeopardy applies or not. Also a factor is the nature of the new charges.
  • May 10, 2009, 06:40 PM
    Fr_Chuck

    No dismissed charges can be re-filed. Or often the charges are changed from lets say 1st degree to 2nd degree

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