Legal Question in Criminal Law in California

refiling

I have a friend who was arrested for drugs and firearms and did 6 months in county jail. Finally they ended filing a motion to suppress the evidence and it was granted.

He had to do some time in another county and now his mom said that she called the public defender up in the county that he did the 6 months in and the DA wants to refile. Is that possible and if so how I thought it was dismissed? The arresting officer was present so I don't see how or where they could refile and on what charge. I know this isn't very much info to go on but any input would be appreciated. Thanks, Ronnee


Asked on 1/08/05, 5:07 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: refiling

An order that evidence must be suppressed does not end the case; it just means that the case has to proceed without the evidence. If there is enough additional evidence, the defendant can still be convicted despite winning the motion to suppress.

Even if the prosecutor did dismiss the case, she can still refile it as long as the statute of limitations has not expired. There is a constitutional bar against double jeopardy, but jeopardy usually begins only when a jury is seated or a judge begins hearing a bench trial. Pre-trial proceedings like the ones you describe are not enough to qualify as jeopardy, so refiling the case is under these circumstances is proper.

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Answered on 1/08/05, 2:19 pm


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