Legal Question in Criminal Law in Minnesota
If a criminal case is dismissed, How can a prosecuter recharge and be granted a hearing is this not double jeppardy or harrassment?
Asked on 4/10/11, 7:33 pm
2 Answers from Attorneys
Thomas C. Gallagher
Gallagher Criminal Defense
The answer to that question could fill a book, or more. Suffice it to say that it is commonly done. But your defense attorney may be able to make a motion to dismiss the re-filing if legal grounds exist.
Jeopardy, for double jeopardy purposes, would not normally attach until sometime after the trial begins.
I'd suggest reviewing this with your lawyer.
Answered on 4/10/11, 9:20 pm
Maury Beaulier612.240.8005
Minnesota Lawyers
A case may be dismissed without prejudice at any time before a jury is impaneled whcih means it can be recharged. If it is dismissed after that time, it is dismissed with prejudice and cannot be recharged.
Answered on 4/12/11, 6:28 am
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