Legal Question in Criminal Law in Idaho
can a dismissal be reversed
If someone was arrested for trafficking meth and the charge was dissmissed for illegal search and seizure can the charge be reopened?
Asked on 11/30/02, 4:20 pm
1 Answer from Attorneys
Gass Timothy
Gass Law Office
Re: can a dismissal be reversed
Yes it can if the state finds additional evidence not tainted by the unlawfull search and seizure. Only if the case was dismissed after a jury was sworn to try the case would double jeopardy attach depriving the prosecution of the opportunity to try you again. It is very unlikely tho that the state would try to file charges again unless they found additional evidence not related to the original search and seizure
Answered on 12/02/02, 4:04 pm
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