Legal Question in Criminal Law in California
can a person be recharged with the same crime where the police have dropped charges against them
Asked on 2/18/12, 2:04 am
4 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
In California it's the district attorney who files, or decides not to file, charges, not the police, so your attorney probably won't be able to raise "double jeopardy" as a defense.
Answered on 2/18/12, 2:13 am
Anthony Roach
Law Office of Anthony A. Roach
Yes, new charges can be filed if the statute of limitations on the underlying crime have not run. Double Jeopardy is not triggered by filing of previous charges that were never adjudicated.
Answered on 2/18/12, 10:05 am
Terry A. Nelson
Nelson & Lawless
Yes, so long as the statute of limitation hasn't expired, and as long as the trial did not start on the charges.
Answered on 2/18/12, 1:15 pm
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