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    CASSY12's Avatar
    CASSY12 Posts: 3, Reputation: 1
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    #1

    May 10, 2009, 08:59 AM
    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?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 10, 2009, 09:05 AM

    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    May 10, 2009, 12:48 PM

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

    May 10, 2009, 06:40 PM

    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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