Legal Question in Criminal Law in Massachusetts

Double Jeopardy

I am a witness for the defense in an assault and battery case that was recently dismissed by the judge because the Clerk magistrate failed to allow witnesses to speak for the defendant in the original show cause hearing. We recently became aware that the plantiff has now reapplied for criminal charges regarding the same incident in question and that the process will begin all over agin with another show cause hearing. My question is this, is that allowed or would it fall under the guidelines of double jeopardy? The case did not make it to trial before getting dismissed. I did not think they could put someone through the process all over again once chatges are dismissed or dropped. Please advise... Thanks you.


Asked on 5/25/06, 8:46 pm

1 Answer from Attorneys
Martha Kovner Law Offices of Martha J. Kovner

Re: Double Jeopardy

Double Jeopardy attaches only after a jury has been empaneled. If the case was Dismissed without Prejudice, one is allowed to refile the charges. Only if it was Dismissed with Prejudice, would the Commonwealth not be able to refile the application for complaint.

Read more
Answered on 5/25/06, 9:07 pm


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts