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    magicgirl21's Avatar
    magicgirl21 Posts: 2, Reputation: 1
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    #1

    Dec 20, 2012, 08:41 PM
    Charges dismissed
    If a case is dismissed- the chares were dismissed and case status was closed how can the police file again and while filing for same dismissed case , the original offense grade was changed how can this be legal?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 20, 2012, 09:46 PM
    Hello m:

    If charges are simply dismissed, the prosecutor is free to bring them up again.. The only time the prosecutors is forbidden to bring charges up again, is when they've been dismissed WITH PREJUDICE, or the defendant has been found not guilty.

    excon
    magicgirl21's Avatar
    magicgirl21 Posts: 2, Reputation: 1
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    #3

    Dec 20, 2012, 09:59 PM
    Quote Originally Posted by excon View Post
    Hello m:

    If charges are simply dismissed, the prosecutor is free to bring them up again.. The only time the prosecutors is forbidden to bring charges up again, is when they've been dismissed WITH PREJUDICE, or the defendant has been found not guilty.

    excon
    Thank you but what about the change of grade of offense from an M to F
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 20, 2012, 11:54 PM
    They can change the level of the charge, if that state or provinces laws rate the same crime as either depending on how it was done or the level.
    Often a crime level is changed lower during court, and at times raised if new evidence is found.

    So yes they may do this and it is done all the time
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