Legal Question in Criminal Law in Maryland
If a criminal case of theft is dismissed because the evidence does not match the charges, can new, different, charges be filed on the same old evidence?
2 Answers from Attorneys
If the verdict was not guilty, then double jeopardy bars retrial. However, if the case was entered nolle prosequi or stet, then maybe.
It sounds like there was some mistake in the charging document. Under these circumstances, the State has the right to dismiss the charge and re-file, as long as they aren't violating your rights to a speedy trial. And keep in mind, the government often files charges even though it is not a strong case, because they have almost unlimited discretion to do so, but the goal is to get a judge to dismiss them. I would need more details to assess your particular situation.
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