More details to this question:
I was charged with 4 different charges but after they went up for indictment 1 charge was dropped completely and 1 charge was dropped to a lesser degree and the other 2 stayed the same. What I want to know is if the prosecutor can send those same charges with the same evidence back to indictment and get them changed back to the original charges now after almost 2 years of going to court and me keep refusing to take the deals they offer because my lawyer is telling me that if I push for trial and don't take the deal on the table that the prosecutor is going to indict me on those charges Can the prosecutor do that?
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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The prosecutor has the authority with the grand jury to present your case for a second indictment. We often do not object to an indictment in that our objection sets forth the problems with the present indictment and the prosecutor is educated by our objection. The prosecutor addresses the problems and obtains a second indictment without the problems. Please call if we can help.
Answered on Mar 31st, 2015 at 6:39 PM