Legal Question in Criminal Law in California

If criminal charges are dismissed can the DA refile the same charges at a later date? If so, this is an easy way for the courts to sap a defendants resouces via the bail system.


Asked on 9/10/09, 12:24 am

2 Answer from Attorneys

Joe Dane Law Office of Joe Dane

Well, I'll go a little further than a one word answer.

On a misdemeanor in California, if it's dismissed, the case is over.

On a felony, they can dismiss and refile a second time as long as "jeopardy" hasn't attached. Jeopardy, in the legal sense, means if the case has proceeded to trial. If the trial begins, then a dismissal means the case is over (the "double jeopardy" prohibition in the US Constitution). If the case is dismissed before trial, the prosecution can refile it again. They can even file certain violent offenses a third time in limited circumstances.

Is it designed to sap your resources? Hopefully not. Your attorney should be arguing that if the case is dismissed, you shouldn't be required to post a second bond (or your bond company should be able to transfer the bail to the new case).

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Answered on 9/10/09, 7:10 pm


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