Legal Question in Criminal Law in Maryland
Same charges
Once charges have been expunged, can the same incident be brought up against you. The charges were nol pros without me going to court by the state's attorney. The incident has been expunged from the record. The state's attorney did not object to the expungement. Is it legal to face the same charges that have been expunged? I didn't think expunged records could be brought back up.
1 Answer from Attorneys
Re: Same charges
Yes because you were never tried. Double jeopardy is not an issue. The state's attorney probably came across sufficient evidence to prosecute you. According to Maryland rules of court, when a nolle prosequi has been entered, any conditions of pre-trial release are terminated and bail posted on the bond is released. Any outstanding warrants shall be revoked.
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