Legal Question in Criminal Law in New Jersey

If someone is arrested for intent to distribute heroin within 1000 feet of a school and 500 feet of a park and after 14 months it is discovered that the person was not within the 1000 feet or the 500 feet, can they be re-indicted for different school or different park?


Asked on 3/26/11, 5:44 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Yes.

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Answered on 3/26/11, 5:50 pm
Gary Moore Gary Moore Attorney At Law

So long as jeopardy has not attached a superceding indictment can be returned modifying the charges. In other words, so long as the matter has not begun a trial there is no double jeopardy

due to being subjected to prosecution for committing a crime more than once.

Call me if you like on Monday

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Answered on 3/26/11, 6:59 pm


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