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tmays · Mar 10, 2010, 03:15 PM

State of Florida - I was recently accused of misdemeanor battery. As the trial date the "victim" and all of his witnesses never showed up. The state attorney asked for a continuance. The judge denied it and dismissed the case.

I thought it was over - but NO! Come to find out the State Attorney is now refiling charges? Why would they do this? Can they do this? Is it the victim or state attorney requesting this? Sounds like I might have some over zealous law students

What recourse do I have? Should the judge still dismiss the case? What are the chances that this thing stays dismissed?

cdad · Mar 10, 2010, 04:14 PM

Did you get a copy of the order from the courts? If not your going to need it. It could have been dismissed with or without prejudice. That can make a difference. Also it could have been something wasn't filed correctly. Something could have been said after the hearing that you have no knowlage of. Also was this a prehearing or and actual hearing / trial. Was any plea entered on your part ?

Blue Angel · Mar 10, 2010, 04:19 PM

I'm not sure about Florida laws specifically... but I pretty sure throughout all of the states there are different timeframes, depending on the crime, for the law to be able to charge and convict a person of a crime. They can't go after you a second time for the crime that was committed if you were already found innocent though. Hopefully someone else will be able to provide you with more insight. Have you consulted your lawyer yet?

tmays · Mar 10, 2010, 06:48 PM

I went to my hearing/ trial. Plead not guilty at the pre-trial hearing. They were going to select a jury and get ready for trial. However, the alleged victim and his witnesses decided not to show. The state attorney asked for a continuance. The judge denied that request and said the case was dismissed. I was never given a copy from the courts. I was told that it would take two weeks for the report. That is how I found out that the case had been refiled. I was checking on the form and getting all of the info in place to have my record expunged. Now I find out the state attorney wants to re charge me in the case. Why? Why would they do this after it had been dismissed? I thought this was over?

What do I need to do in order for this thing to stay dismissed?
Can you explain with or without prejudice? Thanks for the advice?

cdad · Mar 10, 2010, 07:06 PM

Here you go.

Ref:

http://en.wikipedia.org/wiki/Prejudice_(legal_procedure)

twinkiedooter · Mar 10, 2010, 07:30 PM

Go to the Clerk of Courts office and ask to view your original criminal file. You will be able to see exactly what the Judge signed in that file. Possibly this could give you an indication of what's going on in the new case. If there is a new case file in the Clerk's Office ask to see that one also. This is all public information and you are entitled to view your own file criminal and civil at any time you wish at the Clerk's office. You can also have the Clerk make copies of any pages within those files for a small copying charge.

Fr_Chuck · Mar 10, 2010, 08:17 PM

If the case was merely dismissed ( did you or your attorney not request a finding of innocent since there was no evidence ?)

But if it was dissmiss, with the ability to refile ( normal) then they can refile as long as it is within the SOL.

This is not the trying you two times, since you were never tired the first time. They just dismissed the charges against you.

You need to worry about the evidence they have against you more than the old case, since this case will go ahead

Blue Angel · Mar 10, 2010, 10:30 PM

Originally Posted by Fr_Chuck

If the case was merely dismissed ( did you or your attorney not request a finding of innocent since there was no evidence ?)

But if it was dissmiss, with the ability to refile ( normal) then they can refile as long as it is within the SOL.

This is not the trying you two times, since you were never tired the first time. they just dismissed the the charges against you.

You need to worry about the evidence they have against you more than the old case, since this case will go ahead

I know dismissed isn't the same as innocent. I was just specifying that they can go back after him under specific circumstances unless he was found to be innocent already. Maybe you should read a response before you have a comment about it.

tmays · Mar 11, 2010, 10:12 AM

Thanks for all of your advice. I am still waiting to hear form my attorney. He has seen no new eveidence presented so he as at a loss. He is waiting to hear back from the state attorney to see why this is being refiled

tmays · Mar 11, 2010, 10:13 AM

Why when the judge dismissed my case did my attorney not ask for it to be dismissed with prejudice? That seems to me like it would have dismissed the case for good.

excon · Mar 11, 2010, 10:20 AM

Originally Posted by tmays

Why when the judge dismissed my case did my attorney not ask for it to be dismissed with prejudice? That seems to me like it would have dismissed the case for good.

Hello t:

Uhhh, that may be because he knew it wouldn't be granted... A dismissal WITH prejudice is granted only when the prosecutor is abusing the system. To have one situation where he wasn't ready is going to be forgiven. But, if he's not ready this time, your attorney should ask for it.

excon

tmays · Mar 11, 2010, 11:51 AM

Here's the latest - I fofund a copy of the current docket

53 02/11/2010 00001 M/ 784.03 BATTERY NG J DISP/NOLLE PROS CHARGE REFILED
52 02/11/2010 CHARGE REFILED
51 01/25/2010 CLOSING JUDGE KRIEGER-MARTIN, LUISE
50 12/16/2009 E-SUMMONS INFO FOR: GIL, SIMON/030 SENT: 01/14/2010 RECD/NOTFD: 01/14/2010 ACKN: 01/14/2010
FOR: TRIAL ON 01/25/2010 AT 09:30 ISSUED BY: CJIS

I see where it says Nolle Prsoequi. Doesn't that mena that they are not going to pursue the charges?