Legal Question in Criminal Law in California

charges refiled

the da just refiled charges after the it was already dis- furth of justice . charges -take vehicle w/o owners consent grand theft property receive/etc known stolen property


Asked on 4/08/09, 3:11 pm

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: charges refiled

The DA has the option to refile felony charges a second time if they are dismissed before "jeopardy" attaches. It sounds like they were unable to go forward at that time, and dismissed the case, but now can proceed, so they've refiled.

It could have been for any number of reasons - a missing witness that's now been located, an officer that was on leave and unable to be served with a subpoena, etc.

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Answered on 4/08/09, 3:23 pm
Terry A. Nelson Nelson & Lawless

Re: charges refiled

OK.? Now you get to defend against the charges, just like any other case. If you have grounds for various motions to dismiss or suppress, now is the time to start making them. Hire an attorney or apply to the Public Defender.

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Answered on 4/08/09, 3:30 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: charges refiled

Felony charges can be filed a second time. You need a lawyer - private or public defender.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 4/08/09, 7:14 pm


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