Legal Question in Criminal Law in California

Re: recharged, after being dismissed due to lack of evidence

When an attorney is in court trying to somehow help salvage someone's life after they screw it up an attorney will try to do the best job he/she can. The D.A. may be amenable to reducing certain charges that carry with them the very real prospect of draconian punishment for certain concessions. In simple English, some times you have to give a little to get a lot.

You gave only one side of the story and that was that you plead to the old charge. What was hanging over your head on the new charge?

Without you having to answer I'm sure the deal that was worked out was better than the worst case scenerio on the new charge. And you could have refused to plead to the old charge.

Re: recharged, after being dismissed due to lack of evidence

Thanks for your posting. The "double jeopardy" provisions of the U.S. Constitution prevent you from being convicted twice of the same offense with the same facts. However, if you agree to the charge, it is more difficult to un-do the plea bargain. You may need an attorney to do an appeal or to handle the case from here if you haven't actually pled guilty. Please feel free to call or email with more facts if you'd like for my firm to represent you. Thanks.

something is wrong here

If the case was dismissed without prejudice for lack of evidence, that does not preclude a later filing with new evidence. Without new evidence the case has no merit.

Additionally, if the case is a misdemeanor then the statute of limitations has probably run, barring any outstanding warrants or service issues. I would ask for a Serna motion to be filed in any case.