Legal Question in Traffic Law in Illinois

Dismissal

After appearing in traffic court, the judge dismissed the citation. I recently received a letter from the town where the original citation was issued saying since the prosecuter voluntarily dismissed the citation, they have decided to refile charges. After the judge rules - can the prosecution refile?


Asked on 8/29/05, 10:29 am

2 Answers from Attorneys

Michael Rosenblat Michael C. Rosenblat., P.C.

Re: Dismissal

If the state dismissed the action on its own motion, they can usually refile.

Mike Rosenblat

www.Rosenblatlaw.com

847-657-0006

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Answered on 8/29/05, 10:36 am
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Dismissal

They can usually refile. Did you ask the trial judge for a trial? That would shorten the period in which they can refile.

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Answered on 8/29/05, 11:39 am


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