Legal Question in Criminal Law in Wisconsin

Yes, if the charge was voluntarily dismissed by the DA and not read in during sentencing on a different charge, it means that there would be no double jeopardy to reissue the charge. The opposite would be true if it was dismissed after acquittal by a jury or dismissed after the jury had been seated. However, there can be other circumstances where one can argue against reissuance of a dismissed charge depending upon what circumstances it was dismissed. If it needed to be dismissed due to some sort of government misconduct, the judge might entertain a motion to dismiss by your attorney now. My comments here are not legal advice, nor do they create an attorney client relationship between us; rather they are only for public educational purposes on this website. You are, however, always welcome to contact my office in Racine to discuss any additional questions which you may have.