Legal Question in Criminal Law in New York
i have indictment that been dismiss in accuse favor, can they have a superseding indictment on the same day the indictment was dismiss
2 Answers from Attorneys
Yes, if it was dismissed wothout prejudice and as long as the limitations period has not passed.
Generally speaking a superseding indictment is filed prior to any dismissal of the original indictment. A prosecutor can always bring charges against you, in a new indictment, so long as the charges are legitimate and within the statute of limitations (if a statute of limitations applies to the crime you are being charged with) unless double jeopardy has attached or unless the indictment against you has been dismissed with prejudice. You should speak with your attorney who handled the matter and s/he would be in a better position to guide you with respect to what may or may not happen next.
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