Can I be re-charged with the same crime after it has been dismissed? 2 Answers as of April 10, 2015

I was charged with misdemeanor third degree assault and disorderly conduct then the DA dismissed those charges and refiled with felonies and bias motivated crime as well as throwing the third degree assault back on there twice. I was wondering if by law they are allowed to recharge me with the third degree assault after dismissing them?

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Attorney & Counselor at Law
Attorney & Counselor at Law | John Hugger
If it was dismissed with prejudice then it can not be re-filed. Check with your attorney ASAP as to how it was dismissed. Good luck!
Answer Applies to: Colorado
Replied: 4/10/2015
Miller & Harrison, LLC
Miller & Harrison, LLC | David Harrison
Under the circumstances you describe, it is my belief the prosecutor can do that ? if the prosecutor just dismissed the former charges on his/her own (i.e. a court did not dismiss it) and then they re-filed more serious charges. It happens with some frequency.
Answer Applies to: Colorado
Replied: 4/8/2015
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