QUESTION

Can they bring up dropped charges if he got in trouble again?

Asked on Dec 26th, 2011 on Criminal Law - California
More details to this question:
My son is in custody for 460b. He goes to court in a couple of days and also was arrested back in August for theft. They dropped the charges and they told him if he got in trouble again they would bring up those charges again. Can a judge do that? If so how much time is he looking at serving in jail?
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7 ANSWERS

Criminal Defense Attorney serving Newport Beach, CA at Law Offices of Anthony Sessa
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Yes.
Answered on May 30th, 2013 at 10:28 PM

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Theresa Suzanne Hofmeister
Yes they can do that if the statute of limitations has not run on the original offense, "they" being the prosecutor's office, not the Judge. There is a range of what can happen and it depends on several factors "we" don't know, and shouldn't be posted on a public site. Consult a local criminal defense attorney. Good luck!
Answered on Dec 29th, 2011 at 11:07 AM

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Criminal Defense Attorney serving Weaverville, CA at James H. Dippery, Jr.
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Yes, unless the prior 'dropped' offenses were misdemeanors, or if felonies they are now outside the statute of limitation, the DA can, and the Judge will, allow the dropped case to be re-filed. Isn't that exactly what the DA told your son would happen if he didn't stay clean.
Answered on Dec 28th, 2011 at 11:37 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Yes. They can file the charges. If they previously filed and dismissed a misdemeanor theft charge, then they cannot re-file.
Answered on Dec 28th, 2011 at 8:11 PM

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Not if it was a misdemeanor and dismissed with prejudice. If it was a felony, they can re-file it once even after it was dismissed.
Answered on Dec 28th, 2011 at 6:42 PM

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Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
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Yes, assuming that the charges in August were not dismissed with prejudice (very doubtful). Without knowing the exact nature of the prior theft charges, and whether or not these are felonies or misdemeanors, and what, if any, prior criminal history he might have, his age, and the facts of the case(s), it is impossible to give you an exact answer to how much time he is looking at. The 460b - second degree burglary - as a felony, carries a maximum of 3 years. Now, since the new realignment law effective this past October, this is probably a "county jail felony," but again, more information is needed to make an exact assessment. Consult with a criminal defense attorney and lay out all the information and I'm sure you'll get the answers.
Answered on Dec 28th, 2011 at 6:02 PM

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It is very possible that "dropped charges" or un-filed charges may be filed later if the cops have additional evidence and your son was not "in jeopardy" re these charges before. His 460b (2nd degree Burglary) charge could result in one year in county jail or even state prison.
Answered on Dec 28th, 2011 at 4:52 PM

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