Legal Question in Criminal Law in New York
Harassment charges
My son was charged with harassment in NY State in which the accuser twice failed to show up for court. The charges were then dismissed in court. The accuser has since made it known that he can refile these charges if he so pleases. Is this true?
1 Answer from Attorneys
Re: Harassment charges
It depends on exactly what you meant when you stated the charges have been "dismissed." If there was a finding that the people did not prove their case then those charges cannot be brought again. Whether or not charges are again filed against your son is a decision made by the District Attorney, not the complainant. In view of the fact that the complainant failed to appear twice then, unless there was a very good reason for the non-appearances, I doubt the DA would ever rely on that complainant again.
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