Can they charge twice for the same crime and change the charges since all of the felony charges were dropped the first time? 32 Answers as of May 28, 2013

There were eight charges of embezzlement. The three felony charges were dismissed. I was released from jail with five misdemeanour charges. They took me back to jail two months later and changed the charges into grand larceny.

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Universal Law Group, Inc. | Francis John Cowhig
Yes they can.
Answer Applies to: California
Replied: 9/19/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
So long as there was no adjudication of the felony charges or a finding of not guilty, they can bring the charges back up.
Answer Applies to: Alabama
Replied: 9/19/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
As long as the charges were dismissed "without prejudice" they can recharge you. Get a lawyer.
Answer Applies to: Michigan
Replied: 9/19/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You can be charged and convicted only once.
Answer Applies to: Kansas
Replied: 9/13/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The DA may amend the complaint at any time before trial or you pleading guilty.
Answer Applies to: California
Replied: 9/17/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    There would have been no double jeopardy until a jury started hearing evidence. The charges could be amended until the Statute of Limitations expired.
    Answer Applies to: Pennsylvania
    Replied: 9/17/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    With the time that has elapsed, I suspect that the law probably allows for what occurred, because the prosecutor had time to think (and possibly investigate) before charging you. Do you intend to retain an attorney You need to ask him/her those questions.
    Answer Applies to: Georgia
    Replied: 9/17/2012
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Yes.
    Answer Applies to: Tennessee
    Replied: 5/28/2013
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Sounds like there might be a double jeopardy issue were the felony charges dismissed with prejudice If not, chey can be refiled with the same or different charges.
    Answer Applies to: Washington
    Replied: 9/17/2012
    Steven Alpers | Steven Alpers
    The da has 3 years to file felony charges and 1 year for misdemeanors. If they are within those time limits the judge will always allow changes to fit the facts.
    Answer Applies to: California
    Replied: 9/13/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    This question may pose a double jeopardy defense. However, a throrough review of the facts and charges needs to be made by a competent attorney.
    Answer Applies to: Florida
    Replied: 9/13/2012
    Cook & Cook Law Firm, PLLC (SanAntonioDefenders)
    Cook & Cook Law Firm, PLLC (SanAntonioDefenders) | Megan V. Cook
    Yes. Generally, it is legal for the State to dismiss cases that it did not properly charge and then recharge the cases under different crimes. However, if you bring a case to trial, and you win your trial, you cannot be re-charged for the same criminal offense. You may be able to raise speedy trial issues during your case, as more time has passed now since the date of the offense. Speedy trial issues are actually generally calculated from the date of the arrest for your offense, but the date of the offense is relevant in that if it happened long ago, you will have difficulty locating possible witnesses on your behalf, etc.
    Answer Applies to: Texas
    Replied: 9/13/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You can not be TRIED TWICE for the same offense, but the offense charged can be altered due to new evidence BEFORE the original charge is TRIED.
    Answer Applies to: New Jersey
    Replied: 9/13/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Charges can be dropped and re-filed as many times as the prosecutor wants, subject to your attorney?s legal objections succeeding. If you are charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 9/13/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You can be charged with any crime until the time of trial, so it is entirely feasible that charges are added or dropped during the pre-trial process. Perhaps felony charges were not properly founded before further investigation discovered more evidence that could be used against you. Enhancing charges is not rare, grand juries often are called and make true bills, resulting in more headaches for you, the defendant. In any case, you should hire counsel to represent you before proceeding in the criminal courts, the results could be detrimental to you. Counsel will have a better idea of how to proceed in your case.
    Answer Applies to: Illinois
    Replied: 9/13/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Run the legalities of this by your lawyer.
    Answer Applies to: New York
    Replied: 9/13/2012
    Law Office of Richard G. Terry | Richard G. Terry
    If the charges arise out the exact same incident and police reports and they were pled as misdemeanors then yes they can charge you again, however, the case can be dismissed with a Kellet motion. Talk to your attorney and make sure they are from the exact same incidents and based upon the same conduct and police reports.
    Answer Applies to: California
    Replied: 9/13/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Felonies can be dismissed and re-filed once by the DA.
    Answer Applies to: California
    Replied: 9/13/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Grand Larceny and Embezzlement are not the same crime. Your lawyer would have moved to dismiss the charges if Double Jeopardy applied. You should make sure that you have a good criminal lawyer to get the best possible disposition in the matter.
    Answer Applies to: New York
    Replied: 9/13/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    I don't know why those charges were dismissed. The DA can bring additional charges against you, but double jeopardy precludes you from being charged by the government for the same crimes. You will need to discuss this with your attorney at the appropriate time.
    Answer Applies to: Nevada
    Replied: 9/13/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It is possible because you have not been convicted or found not guilty. Charges can always be amended if the evidence supports the changes. I hope this person has an attorney.
    Answer Applies to: Washington
    Replied: 9/13/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If charges were dismissed without prejudice, they may be refiled with new charges.
    Answer Applies to: Minnesota
    Replied: 9/13/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    It is possible, but unlikely. Talk with your lawyer is the best way to fight the matter.
    Answer Applies to: Nebraska
    Replied: 9/13/2012
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    This is not clear. Did you plead guilty to any of the misdemeanor charges? The DA can refile felony charges if there has been no disposition on them. However, soon as you plead guilty to even one charge on a complaint, double jeopardy applies.
    Answer Applies to: California
    Replied: 9/13/2012
    Langford Law Firm
    Langford Law Firm | Theresa Langford
    Under the circumstances you describe, yes. You were not prosecuted for the felony charges the first time. It is not uncommon for the police to file a case with the DA, and after review by their intake department, to revise and refile the charges.
    Answer Applies to: Texas
    Replied: 9/13/2012
    Gates' Law, PLLC | Thomas E. Gates
    If you have not be found guilty yet, they may amend the charges.
    Answer Applies to: Washington
    Replied: 9/13/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes.
    Answer Applies to: Michigan
    Replied: 5/22/2013
    Mary W Craig P.C. | Mary W Craig
    If double jeopardy has not attached, the DA can bring charges again if he simply dismissed them the first time, as long as he files within the statute of limitations for the crime.
    Answer Applies to: Alabama
    Replied: 9/13/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Yes, if charges are dropped without prejudice, they can be brought up again later. Only if prejudice attaches are the charges barred from being brought back to the trial list.
    Answer Applies to: Massachusetts
    Replied: 9/13/2012
    Toivonen Law Office | John Toivonen
    When a charge is dismissed without prejudice that means that it can be filed again. If the charge is dismissed with prejudice it cannot be filed again. The decision on what crime with which to charge you is made by the prosecutor.
    Answer Applies to: Michigan
    Replied: 9/13/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    They can if they are within the Statute of Limitations and the charges have not been resolved. If you have plead guilty to the same facts or gone on trial for the same facts, it might be double jeopardy. But it sounds like the charges were previously dismissed.
    Answer Applies to: Washington
    Replied: 9/13/2012
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