Legal Question in Criminal Law in Texas
can the new d a pick up a case tha was dismissed by the old d a?
can the d a pickup a case that was dismissed by the another d a?
Asked on 3/25/07, 5:47 pm
1 Answer from Attorneys
Lewis Palomino
Law Office of Lewis Palomino
Re: can the new d a pick up a case tha was dismissed by the old d a?
The short answer is yes. The rule against putting a defendant in double jeopardy does not apply until a jury is sworn to begin a trial. Until then a dismissed case can be recharged.
Answered on 3/25/07, 6:00 pm
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