Legal Question in Criminal Law in California

double jeapordy

I had a court case dismissed . On my paper work from the court, it says,''Motion pursuant to section 1538.5 penal code is called for hearing, is sworn and testifies for the people. All sides rest. The motion is argued, submitted, and GRANTED. The people are unable to proceed. '' The case is orderd Dismissed pursuant to section 1382 penal code. Now, 4 months later, I recieved a letter from the DA saying that they have filed a complaint against me AGAIN, for the same case, and I must go to court AGAIN! Now, if the motion to suppress was granted, but the case was dismissed for a different reason, does'nt the granted motion still stand? How can they charge me with the same thing on the same case if the evidence has been granted to be suppressed? Is this a double jeapordy case? What should I do? Thank you for your time. Sincerely,--name removed--Roach


Asked on 5/22/09, 6:45 pm

3 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: double jeapordy

Yes, unfortunately felony charges can be re-filed and you have to defend them again. Sounds like prosecution has some new evidence which was not part of the suppression motion.

Regards,

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 5/24/09, 5:51 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: double jeapordy

A felony can be re-charged once after a dismissal. They must think that they now can prove their case against you without the evidence that got suppressed. I would have no idea whether that is true though. If it is dismissed a second time, that is the end. On a misdemeanor, one dismissal ends the case.

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Answered on 5/22/09, 7:23 pm
Terry A. Nelson Nelson & Lawless

Re: double jeapordy

"What should I do?" Defend with whatever admissible evidence you have, file any appropriate suppression and dismissal motions, go to trial if necessary. Most people hire an attorney that knows how to do those things. Contact me if serious about doing so.

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Answered on 5/22/09, 7:43 pm


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