Legal Question in Criminal Law in Florida
Criminal Law
I was being charged for felony battery. The state did not have enough evidence at the time of trial to proceed. The jury was not sworn in, but they were in the courtroom. They then decided to drop the charges. Two weeks later the state filed new charges, based on the old case. Is this legal? They dropped the charges, then filed the same charges after the found new evidence.
Asked on 2/07/08, 9:46 pm
1 Answer from Attorneys
Brent Rose
The Orsini & Rose Law Firm
Re: Criminal Law
So long as the jury was not sworn in, the double jeopardy rule does not apply, and the state may re-file the charges.
Answered on 2/10/08, 9:00 am
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