Legal Question in Criminal Law in California

6th amendment violation?

If someone's criminal case was dismissed without prejudice on grounds of violation of their right to speedy trial, can charges still be brought up again? Doesn't the 6 th amendment state that once a person's case is dismised on these grounds they cannot be brought up on these charges again?


Asked on 2/07/07, 4:03 pm

2 Answers from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: 6th amendment violation?

Probably, what happened is a statutory speedy trial dismissal...failure to get the case to trial within the applicable time limit....if it truly was a Federal 6th Amendment motion that resulted in the dismissal, then yes, further trial would be barred. From your question, that does not appear to be what happened.

DJM

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Answered on 2/07/07, 11:20 pm
Terry A. Nelson Nelson & Lawless

Re: 6th amendment violation?

That's what 'without prejudice' means, they can file again.

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Answered on 2/07/07, 4:42 pm


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