Legal Question in Criminal Law in California
If IDid not waive my right to a speedy trial And at the preliminary hearing Held on the 10th and final day It was to be heard on Gets continued Beyond the 10th and final day Do the charges get dropped and can the DA Refile charges In California Lawfully?
Asked on 8/01/15, 10:30 am
1 Answer from Attorneys
Joe Dane
Law Office of Joe Dane
The remedy of going beyond the 10 days is either to release you OR if you were in custody or dismiss. Yes, they can refile a felony one more time. Twice in certain felonies and under very limited circumstances.
I can only assume you have a lawyer. Discuss this with them in more depth.
Answered on 8/01/15, 10:53 am
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