Legal Question in Criminal Law in Michigan

R/O Police and Fleeing/Eluding 3rd

Both cases dismissed without prejudice about 6 months ago,just got arrested on same charges but the case numbers were changed,now having to go to court on same stuff,is there anybody who can help me figure this out please??


Asked on 3/04/08, 8:27 pm

3 Answers from Attorneys

Stuart Collis Collis, Griffor & Hendra, PC

Re: R/O Police and Fleeing/Eluding 3rd

When a case is dismissed without prejudice, it means that the prosecutor can bring it back. If it had been dismissed with prejudice, that could not happen.

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Answered on 3/04/08, 8:54 pm
William Morrison Action Defense Center

Re: R/O Police and Fleeing/Eluding 3rd

You're looking at a 5 year felony. It was likely dismissed because the prosecutor couldn't get his case together in time for your preliminary exam, i.e. within 14 days after your first arrest.

The changed case numbers are because of the dismissal. "Without prejudice" means they can bring the charges again as if they were new. This time the prosecutor is prepared for the preliminary exam, but you probably are not.

If you don't want a felony on your record and loss of your driver's license for a year, you can call me or another attorney BEFORE your exam date.

William Morrison

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Answered on 3/04/08, 9:19 pm

Re: R/O Police and Fleeing/Eluding 3rd

For information, to to:

www.AggressiveCriminalDefense.com

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Answered on 3/04/08, 9:29 pm


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