QUESTION

Can you be charge for the same crime twice if it was thrown out a year ago in another county?

Asked on Aug 28th, 2012 on Criminal Law - California
More details to this question:
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5 ANSWERS

It depends if a felony or misdemeanor and why it is being refiled.
Answered on Sep 05th, 2012 at 8:22 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Yes. Double jeopardy only applies if trial on the charges actually started before the charges were dismissed, then they get refiled.
Answered on Sep 05th, 2012 at 12:08 PM

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If a charge is dismissed you cannot be tried for the same charge again. But, that applies to a charge relating to the same incident as the one that was dismissed. If, for instance, you steal a car, get caught, get charged and the charge is dismissed, the prosecution cannot retry you for that same incident. But, if you steal the car a second time, of course they can charge you for that. Since you say the two charges relate to incidents in two different counties, they are two separate crimes. Therefore, you can be charged for both of them. Consult an attorney to protect your rights.
Answered on Sep 04th, 2012 at 10:03 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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It will depend on why it was "thrown out" and whether double jeopardy attached to the original charge. I strongly suggest that you contact an experienced criminal law 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 Sep 04th, 2012 at 9:57 PM

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If it was a felony, then it can be dismissed once and refiled again.
Answered on Sep 04th, 2012 at 9:30 PM

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