Legal Question in Criminal Law in New York
Indictment
Ok someone I know has a indictment and the case was sent to county court and because the DA's office messed up with the paper work they had to throw it out, which basically means that it will be sent back to city court, can the DA's office re-indict the person so that the case stays in County court, unless they have new evidence or not? The indictment was for a D felony also.
1 Answer from Attorneys
Re: Indictment
The person may be indicted again provided the disposition was 'without prejudice'. This assumes no evidence was presented in the trial.
However, the lawyer who handled the case to date will have a better mastery of the facts and procedural issues.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, New York, NY (646) 591-5786
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