Legal Question in Criminal Law in Tennessee
If a county has dropped charges for a crime can the state pick up the same charges and try to charge somebody with the same crime?
1 Answer from Attorneys
I'm not sure what you mean about a "county" dropping charges. A county has no independant authority to prosecute a criminal offense, a county is a subdivision of the State, and all criminal prosecutions are made in the name of the State.
It sounds like you are saying that a county court (typically, General Sessions Court) dismissed charges, and you are concerned that a state court (Circuit or Criminal Court) can prosecute by using an indictment/presentment returned by a grand jury.
So what is the reason for the lower court "dropping" the charges, and what is the manner by which the State of Tennessee is attempting to recharge you?
For example, if you were charged with shoplifting in General Sessions Court, and you had a trial, and the judge found you "not guilty" then you can never be tried again (ever heard of "double jeopardy"?).
But if you were charged with shoplifting in General Sessions Court, and the store clerk failed to appear, and the District Attorney voluntarily dismissed the case (what we lawyers call a "nolle prosequi") then yes, the District Attorney can try again with a presentment (a sealed indictment) by bringing the store clerk before the grand jury.
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