Legal Question in Criminal Law in California

rights

if charges on a person we're droped could the d.a. pick them back up later


Asked on 4/25/07, 5:48 pm

1 Answer from Attorneys

Elena Condes LAW OFFFICE OF ELENA CONDES

Re: rights

That depends on how and when they were dropped. Without specific information about how and why they were dropped here is some general information on that issue.

If charges were dropped after they had been filed and they were dismissed "without prejudice" they can be brought again or re-filed within the time allowed under the statute of limitations.

If the charges were dropped for some procedural reason and they were dismissed "with prejudice" they cannot be brought again.

Depending on the charge, if it is a charge that is both a federal and state offense and charge could be dropped in the state court and charged in the federal court.

Good luck,

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Answered on 4/26/07, 3:34 pm


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