Legal Question in Criminal Law in California

dismissed case being retried again

I had a case dismissed in court on 01/21/2009. I recieved a letter from the D.A. saying that they have filed a complaint against me, on this same case, and that I must show up in court on 06/03/2009, or I will have a warrant put out for my arrest. This case was dismissed by the judge because he said my civil rights had been violated. Can I be tried for the same case again? What are my rights, and what should I do now?


Asked on 5/17/09, 4:44 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: dismissed case being retried again

You weren't "tried" unless you actually started a Trial. Charges can be dismissed and refiled many times. Your 'rights' are to defend against the new charges. Hire an attorney to see if the new charges can also be dismissed or defended against. If serious about doing so, feel free to contact me.

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Answered on 5/18/09, 2:02 pm
Joe Dane Law Office of Joe Dane

Re: dismissed case being retried again

Assuming jeopardy had not attached (you didn't make it to the point of starting trial), the DA can refile a felony a second time (and actually a thrid in some instances). Any ruling is not binding in the new case.

You're bak to square one & have to fight again.

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Answered on 5/17/09, 4:48 pm


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