Legal Question in Civil Litigation in Pennsylvania
refileing charges
when a police officer offically drops charges against a defendent can they charge them again with the same charges at a later date?
2 Answers from Attorneys
Re: refileing charges
Yes. Jeopardy attaches only after an actual
trial begins, either with the empanaling of
a jury or in the case of a bench (judge only) trial
when the first witness is sworn in. Before those
events, the police or the district attorney can
drop a case and then pick it up later, especially if
they obtain better evidence. After jeopardy attaches,
the prosecution must take the case forward and if
for some reason cause the prosecution to be stopped,
the constitution (State and Federal) prevents the
state from putting the defendant through another
prosecution and trial. (Please note that this is
a simplified explanation that has many variations)
Re: refileing charges
It depends. If new evidence is uncovered, they can