Legal Question in Criminal Law in Michigan
If motion to quash is granted, can the person be charged with the same crime at a later date? Or is it considered double jeopardy?
Asked on 7/17/14, 6:08 pm
2 Answers from Attorneys
Christopher Brown
Brown & Associates, Legal Services, PLLC
Double jeopardy does not attach. The person could be charged again.
Answered on 7/17/14, 6:14 pm
Jared Austin
Austin Legal Services, PLC
No. The dismissal would be without prejudice meaning that the charges could be refiled.
Answered on 7/17/14, 8:56 pm
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