Ask Experts Questions for FREE Help !
Ask
    rozayred25's Avatar
    rozayred25 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 25, 2013, 07:56 AM
    Can the DA refile a criminal compliant after charges have been dismissed?
    Recently my brother was charged with Criminal Attempt Murder, Aggravated Assault, Conspiracy Murder, Poss Instrument Of Crime W/Int and Simple Assault during a night club shooting. There were other people involved that had similar and/or less charges. After a few continuances and different court dates the judge dismissed his charges for Lack of evidence, and failure of witnesses to appear in court. However, about 3 weeks after the charges were dismissed, the DA has refiled the criminal complaint and now my brother has to start back over with the priliminary hearing all over again. If the charges were dropped what could have been the reason for re-opening the case? Could it be that the missing witnesses are willing to cooperate, new evidence or are the other parties involved be willing to make statements against him to lessen there charges.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Feb 25, 2013, 09:01 AM
    The charges were dismissed so the DA can refile if he feels he can now make his case.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #3

    Feb 25, 2013, 01:05 PM
    ... If the charges were dropped what could have been the reason for re-opening the case? Could it be that the missing witnesses are willing to cooperate, new evidence or are the other parties involved be willing to make statements against him to lessen there charges.
    Could be.

    Your brother should ask his attorney about whether a speedy-trial rule or the prohibition against double jeopardy applies in his case. Chances are that they don't, but those are two of the things I would look into.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Charges dismissed [ 3 Answers ]

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?

Dismissed Assault charges [ 4 Answers ]

I have an assault with bodily injury arrest in Bexar County (Texas). I was arrested, posted bond, I went to court and the charges were dismissed. How long will this stay on my record and how can I get it expunged myself without having to pay a lawyer a ton of money?

Can old evidence be used for new charges when the original charges were dismissed [ 5 Answers ]

Charges were dismissed because evidence for the charges was false. Can new charges alleging a different related crime be filed using the old evidence?

What does charges dismissed with restitution mean? [ 1 Answers ]

I have a co- defendant on charges, my co- defendant has pleaded guilty and received probation. My attorney requested restitution with dismissal of charges and the prosecutor agreed, exactly what does this mean

Charges dismissed? [ 11 Answers ]

4 months after I turned 18, my friend broke into 3 cars and I was a look out man. I got charged just as he did for 3 counts of burglary of a conveyance and 2 counts of petit theft. I got accepted into the pti( Pre Trial Intervention) program and I successfully completed it. My lawyer said that my...

View more questions Search