Legal Question in Criminal Law in California
dismissed
If you get released and the charges were dismissed and after dismissal u were sentenced on modified charges is there any way that the original charges can be picked back up and the defendant be retried?
Asked on 8/17/03, 10:26 pm
1 Answer from Attorneys
Lyle Johnson
Bedi and Johnson Attorneys at Law
Re: dismissed
Your statement is not clear. If as a part of plea bargain agreement the complaint was amended and the original charges were dismissed, and the new charges were added, or the original charges were amended to the new charges then the people cannot refile the original charges. However, if the case was dismissed and a new case was filed, the original charges may, if they are not factually the same as the second case.
Answered on 8/17/03, 11:32 pm
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