QUESTION
Can I be re-arraigned and recharged if I was indicted and somehow later on I was accidentally released from the county jail on dismissed charges?
Asked on Dec 20th, 2012 on Criminal Law - Colorado
4 ANSWERS
Michael J. Breczinski
Yes since the charges would not have been dismissed WITH prejudice. They can recharge you.
Answered on Dec 30th, 2012 at 4:46 AM
Thomas Edward Gates
Yes, you can be recharged. The prosecutor has a limited time frame to charge you and, if there is not enough evidence to support the probable charge, then they must release you. However, once they have enough evidence to support the charge then you could be recharged.
Answered on Dec 30th, 2012 at 4:45 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. A lot will depend on whether the dismissal was with or without prejudice. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 27th, 2012 at 1:19 AM
The issue you raise here is called the prohibition against twice being place in jeopardy for the same offense ("double jeopardy"). Unfortunately, under most circumstances, charges can be dismissed and re-filed. If a case lasts until a trial and the jury is sworn into service, a dismissed case cannot be re-tried. Under some circumstances in which a case is dismissed for a lack of evidence it cannot be re-filed. However, if it is just a mistake, the case can be re-filed up until the time that the statute of limitations has run.
Answered on Dec 26th, 2012 at 2:25 PM