Legal Question in Criminal Law in California
refiling charges
If the Judge dissmisses your case Can the DA turn around and file the same charge on you again?
Asked on 11/23/07, 5:21 pm
2 Answers from Attorneys
Allen Farshi
Law Offices of Allen Farshi
Re: refiling charges
yes. In CA the attorney can refile (gets a second chance). However, prosecution is unlikely to refile.
Answered on 11/24/07, 1:25 pm
Jacek W. Lentz
Law Offices of Jacek W. Lentz
Re: refiling charges
Generally speaking, in California prosecution technically has one more chance to refile in felony cases although it does not necessarily mean they will as a practical matter. Prosecution does not get a second chance to refile in misdemeanor cases.
Jacek Lentz
310.273.1361
www.jaceklentz.com
Answered on 11/23/07, 5:35 pm
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