Legal Question in Criminal Law in Maryland

If law enforcement conducts and investigation and charges a person with a crime of theft, but somehow screwed up the evidence and facts so the charges are dismissed, can they refile the charges based on the same evidence?


Asked on 3/23/10, 8:15 pm

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

Generally, yes, unless jeopardy has attached (jury or first witness already sworn) or the statute of limitations for misdemeanors has run. There is no statute of limitations for felonies.

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Answered on 3/29/10, 4:37 am


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