Legal Question in Criminal Law in Washington
once a charge is dismissed, can it be re opened and recharged?
Asked on 8/23/11, 7:49 pm
1 Answer from Attorneys
Jonathan Baner
Baner & Baner
Tricky question. Whether double jeopardy has attached sometimes isn't clear. Was it dismissed early and "without prejudice," then probably yes. However, it was dismissed for a reason. However, that reason might be because the prosecutor wants to appeal the decision of the trial court (more common in misdemeanor cases appearing before local magistrates and appeal goes to the Superior Court in the county).
Answered on 8/25/11, 11:01 am
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