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    misstammy's Avatar
    misstammy Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 18, 2009, 09:42 PM
    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?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Feb 18, 2009, 10:27 PM

    You said the charges were dismissed, then no, they cannot just bring those charges back up.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    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.

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