QUESTION
Can I be recharged if the officer did not receive the subpoena?
Asked on Dec 31st, 2011 on Criminal Law - Maryland
More details to this question:
I went to court for a DUI offense last month and the officer didn't show up claiming that he didn't receive his subpoena so the judge ruled nolle proequis, can I be recharged?
2 ANSWERS
Criminal Defense Attorney serving New Windsor, MD
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V. Lanny Harchenhorn Attorney at Law
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Probably, if no witness took the stand or jury sworn, and it happened within past year.
Answered on Jan 13th, 2012 at 8:20 AM
Driving While Intoxicated Attorney serving Columbia, MD
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Law Office of Scott C. Athen, PC
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You can theoretically be recharged, but an attorney should be successful in having the new charges dismissed as well.
Answered on Jan 12th, 2012 at 6:00 PM