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BuddyMan · Sep 23, 2009, 02:03 PM

My 18-year old son was arrested in the summer and given a ticket for an ordinance violation. This is in Illinois. The charge was possession of 4 grams of marijuana. He was on the beach with a group of kids who were smoking and the officer gave 3 of them these tickets.
We went to court today, without a lawyer, intending to plead not guilty and ask for a trial date, because the joint that he got the ticket for was not his.
The prosecutor came over to us and threatened to refile the charges as a state criminal charge if we did not plead guilty. Currently it was listed as an town ordinance violation. We said no, he is not guilty and he won't say he is.
We waited for quite some time, then were called before the judge asked how he pled and he said not guilty.
The judge dismissed the charge and said we could leave. The prosecutor said nothing, which surprised me as he was threatening us with criminal charges 20 minutes earlier.
I thought this matter was finished, but one of my son's friends said that he believes that the prosecutor can now refile the charge in a state court.
I don't understand this. My only experience with tickets is speeding tickets, etc. If the charge is dismissed, I always thought that was the end. If we had known that we have go start all over, I would have insisted on getting a trial date then and there.
Can anyone tell me what to expect?

JudyKayTee · Sep 23, 2009, 02:18 PM

What State? I don't know that it matters a lot - once charges are dismissed, that's it - but I would like to know which State this is in.

BuddyMan · Sep 23, 2009, 02:22 PM

Hi Judy,
This was in Illinois.

BuddyMan · Sep 23, 2009, 02:36 PM

I have seen some threads on here that talk about prosecutors being able to refile charges if they are dismissed without prejudice. The judge didn't say anything about whether this was with prejudice or without.

The boy who told my son that the prosecutor could refile is one of the other boys who was at court, one of the three who got these ordinance violations on the beach over the summer.

Of the three boys, one pled guilty and got a $75 fine and community service and 6 months court supervision. The second boy got the case deferred until Thanksgiving. Both of these boys had lawyers. We could not afford one. This 2nd boy, who had the case deferred, is the one who told my son that the prosecutor could refile this as a state charge. Apparently this is what his lawyer told him.

So I am a bit concerned.

excon · Sep 24, 2009, 06:24 AM

Originally Posted by BuddyMan

I have seen some threads on here that talk about prosecutors being able to refile charges if they are dismissed without prejudice. The judge didn't say anything about whether this was with prejudice or without.

Hello Buddy:

You are exactly RIGHT. IF the judge didn't say that, and he probably DIDN'T, then the charges can be refiled... Most judges won't dismiss a case WITH prejudice unless he can see some prosecutorial misconduct and he wants to STOP it... Ordinarily, a judge thinks that if the prosecutor HAS a case, he can refile..

But, who cares? A charge, is a charge, is a charge. If you were going to plead not guilty to a town charge, what's the difference since the state might be doing the charging...

If it were me, I'd hire a good lawyer... It SOUNDS like a minor piddly little old charge that isn't going to bother him... I mean, doesn't EVERYBODY smoke pot?? But, the fact is a conviction for marijuana possession makes him UN eligible for college student loans. He could have KILLED somebody and he'd be eligible for a college loan - but heaven forbid he should smoke a joint...

excon

PS> I'm going to close with my usual refrain when cops bust kids for pot... When that happens, it's the COP perpetrating a CRIME on the KIDS. Not the other way around.

stevetcg · Sep 24, 2009, 07:30 AM

Originally Posted by excon

Hello Buddy:

You are exactly RIGHT. IF the judge didn't say that, and he probably DIDN'T, then the charges can be refiled... Most judges won't dismiss a case WITH prejudice unless he can see some prosecutorial misconduct and he wants to STOP it... Ordinarily, a judge thinks that if the prosecutor HAS a case, he can refile..

But, who cares? A charge, is a charge, is a charge. If you were going to plead not guilty to a town charge, what's the difference since the state might be doing the charging....

If it were me, I'd hire a good lawyer.... It SOUNDS like a minor piddly little old charge that isn't going to bother him... I mean, doesn't EVERYBODY smoke pot??? But, the fact is a conviction for marijuana possession makes him UN eligible for college student loans. He could have KILLED somebody and he'd be eligible for a college loan - but heaven forbid he should smoke a joint...

excon

PS> I'm gonna close with my usual refrain when cops bust kids for pot.... When that happens, it's the COP perpetrating a CRIME on the KIDS. Not the other way around.

You should run for a government office and actually make it legal.

JudyKayTee · Sep 24, 2009, 07:41 AM

In my area it's a dismissal with prejudice unless otherwise stated.

I have no idea what is done in other places - or, for that matter, why Judges don't make that clear from the beginning.

JustlOVEiit · Sep 25, 2009, 01:46 PM

The Prosecutor may be able to refile the charges again but in some states it is classed as "double jeopardy".

excon · Sep 25, 2009, 01:53 PM

Hello Just:

Nope. Double jeopardy has a specific meaning in law, and filing charges again, after they've been dismissed is NOT double jeopardy.

Here, on the legal boards, the data needs to be accurate since people LIVES depend on the advice we give.

We welcome your advice Just, just make sure it's accurate... If you have a post that is contrary to another, and you have law to dispense, please CITE the law.

excon