QUESTION
Can I press charges for a child molestation/rape charge if the case was previously dropped due to lack of physical evidence?
Asked on Sep 06th, 2012 on Criminal Law - Michigan
17 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Not without new evidence.
Answered on Jun 28th, 2013 at 12:05 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It will depend on how long ago the charges were dropped. You will need to speak with the D.A. originally handling the case or someone with the D.A.'s office to determine whether charges can be refilled.
Answered on Sep 19th, 2012 at 8:58 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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You would need to check with your detective or prosecutor.
Answered on Sep 14th, 2012 at 10:57 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Sure, but you better have additional evidence for the state to try to prosecute it again.
Answered on Sep 14th, 2012 at 10:55 AM
If enough evidence is presented to the District Attorney's office to support the fact that a crime had been committed and that the person arrested or suspected of it was involved then he can be charged. This can happen up to the end of the statute of limitation is up. If however, the case was dropped after the trial was started then that person cannot be charged with the same crime.
Answered on Sep 14th, 2012 at 10:54 AM
Michael J. Breczinski
That is up to the police and prosecutor.
Answered on Sep 14th, 2012 at 10:52 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You can always try. It is up to police and prosecutors to decide.
Answered on Sep 14th, 2012 at 10:51 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Depends upon whether the charge was dismissed with prejudice are without prejudice. With prejudice means that it cannot be re-filed. Without prejudice means that it can be re-filed if there is new evidence to support the filing. Also, you need to know whether there is a statute of limitations issue.
Answered on Sep 14th, 2012 at 10:50 AM
Dennis P. Mikko
You as an individual cannot bring a criminal charge. You can make a report to the police and after an investigation the police report will be sent to the prosecuting attorney. Only the prosecuting attorney can determine whether to authorize a criminal charge.
Answered on Sep 14th, 2012 at 10:50 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The police have to send a report to the DA who decides what felonies to charge. Contact the investigating officer.
Answered on Sep 14th, 2012 at 10:49 AM
You can't. You're not the DA. What you can do is submit this new evidence to the DA's office for review.
Answered on Sep 14th, 2012 at 10:48 AM
Only the state can bring criminal charges. You might have a civil action so please repost this in the civil forum.
Answered on Sep 14th, 2012 at 10:48 AM
Steven D. Dunnings
That is a decision for the prosecuting attorney to make
Answered on Sep 14th, 2012 at 10:47 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Are you a prosecutor? If not, you cannot "press charges". There is no such thing as a private citizen filing criminal charges against someone.
Answered on Sep 14th, 2012 at 10:46 AM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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If you are talking about a criminal case then the DA is in charge. If it is a civil case and the judge dismissed it "without prejudice" you can try again but need to allege new/different facts.
Answered on Sep 14th, 2012 at 10:45 AM
Thomas Edward Gates
No, only the prosecutor can charge a person.
Answered on Sep 14th, 2012 at 10:45 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See the prosecutor if you have new evidence, it may be possible to bring the charges again as long as the charges were not dropped with prejudice. If they were, the prosecution cannot be brought again for the same incident.
Answered on Sep 14th, 2012 at 10:41 AM