Legal Question in Criminal Law in New York
grand jury no bill
Can someone be re-charged after presenting their case to a grand jury and they return with a dismissal of charges?
Asked on 1/31/08, 10:52 am
1 Answer from Attorneys
Anthony Colleluori
The Law Offices of Anthony J. Colleluori & Associates PLLC
Re: grand jury no bill
Yes, but in state court they have to get permission from the court to represent. Usually the finding of new evidence will trigger such action. Sometimes prosecutors present their weaker case to the grand jury in hopes that they can get the indictment on that and hold onto other evidence that while related is not sufficiently tied to the first presentment so as to trigger a need to go to the court for permission to represent.
In federal court it is not unlikely for a number of grand juries to look at a case and keep adding charges and defendants. The cases are more freely re-presented.
Answered on 1/31/08, 12:34 pm
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