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individual arrested for gun possession, not indicated in 90 days in new jersey, case dismissed without prejudice. re-indicated almost two years later. does this violate the speedy trial and double jeopeady clause.
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When something is dismissed without prejudice, that means that another complaint can be filed. If the matter was dismissed with prejudice, that means another complaint cannot be filed. So no, it does not violate double jeopardy, which only means you cannot be tried for the same crime twice. Getting something dismissed means there was no trial.
Answered on Aug 26th, 2013 at 9:11 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship