Can my case be reopened again after 16 years if there is new evidence? 11 Answers as of July 07, 2013

I was convicted of a felony and took a plea. I did my probation this was 16 years ago. Can my case be reopened & I be charged again with new evidence?

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LAW OFFICE | JAMES A. GIZICKI
There are limited situation when a case can be reopened. You need to have someone examine this new evidence to see if it is possible.
Answer Applies to: Michigan
Replied: 1/9/2013
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
Not if you have already been convicted, although you might be charged with an additional offense if the statute of limitations has not run.
Answer Applies to: Texas
Replied: 1/3/2013
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
Not likely. The only crime that doesn't have a Statute of Limitations is murder. There is also the issue of Double Jeopardy. Unless there are new, independent facts, there isn't much that can be done to you.
Answer Applies to: Washington
Replied: 1/3/2013
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
Opening the exact same case would be a violation of double jeopardy. You will need to know exactly what this is and get an attorney.
Answer Applies to: Florida
Replied: 1/3/2013
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
After 16 years I feel you would likely be fairly safe from any further criminal charges, unless there are new charges not related to your previous charges and that are not subject to a statute of limitations such as murder, arson, etc.
Answer Applies to: Alabama
Replied: 1/3/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    That depends on what thee new evidence is and how it impacts on your case. This is a fact intensive matter and I would need to see the police reports and the new evidence to give an opinion.
    Answer Applies to: Michigan
    Replied: 7/7/2013
    William L. Welch, III Attorney | William L. Welch, III
    You may not be convicted twice for the exact same charge. However if the new evidence supports the possibility that you were guilty of a different charge, perhaps a more serious one and there is no statute of limitations, then you may be charged.
    Answer Applies to: Maryland
    Replied: 1/3/2013
    Law Office of Vincent J. Sanzone, Jr., Esq. | Vincent J. Sanzone, Jr., Esq.
    Yes, you can file for a new trial motion at anytime with newly discovered evidence.
    Answer Applies to: New Jersey
    Replied: 1/3/2013
    Mary W Craig P.C. | Mary W Craig
    You have been convicted of the crime, so you can't be retried. That's double jeopardy. If the statute of limitations hasn't run, however, you can be charged with a different crime arising out of the same incident as long as what you pled to is not a lesser included offense of the other crime. For example, if you pled guilty to burglary 16 years ago, and new evidence has surfaced that you hurt someone, you might be charged with assault since assault is not a necessary element of burglary.
    Answer Applies to: Alabama
    Replied: 1/3/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You might be charged with new offense, but not the same crime. If you committed aggravated assault and the person has now died, you can be charged with felony murder.
    Answer Applies to: Georgia
    Replied: 1/3/2013
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    Unless it's a murder case , no - once you have plead and been convicted on the matter they can't "re-charge" you on the same thing.
    Answer Applies to: Missouri
    Replied: 1/3/2013
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