Can they recharge you after a felony is dismissed? 65 Answers as of September 20, 2012

When they dismiss a felony they can't recharge you right? I have looked it up and it says you cant be retried if its dismissed, but then I hear different things. I'm confused. I don't think it's right to dismiss it and bring it back.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
It depends on the type of dismissal; a dismissal without prejudice means that yes, they could refile. If the case was dismissed with prejudice, then no a person cannot be recharged. Double jeopardy protections kick in if a person has their case dismissed with prejudice.
Answer Applies to: Michigan
Replied: 11/8/2011
Levine & McHenry LLC
Levine & McHenry LLC | Matthew McHenry
It depends on the nature of the dismissal. If the dismissal was "with prejudice," that means the state cannot recharge you. If the dismissal was "without prejudice," that means the state can recharge you as long as it is still within the statute of limitations (generally three years for felonies, though specific felonies may have longer statutes of limitation). Whether the case was dismissed with or without prejudice depends on the reason for the dismissal.
Answer Applies to: Oregon
Replied: 10/21/2011
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
They can refile one time after dismissal.
Answer Applies to: California
Replied: 10/21/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
It depends. If it was dismissed without prejudice it can be refiled. If it was dismissed with prejudice, then it cannot be refiled.
Answer Applies to: Michigan
Replied: 10/20/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Double jeopardy is complicated and depends on all the facts and circumstances of the case.
Answer Applies to: New York
Replied: 10/17/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    It depends upon the circumstances. In some cases they can refile.
    Answer Applies to: Missouri
    Replied: 10/17/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If a charge is dismissed prior to jeopardy attaching, the charge can be brought back up. Jeopardy attaches once the trial commences.
    Answer Applies to: Alabama
    Replied: 10/17/2011
    Reza Athari & Associates, PLLC | Armand Fried
    It depends on why it was dismissed and how far the matter proceeded before it was dismissed. It is possible that it can be recharged but there is no way to answer the question without knowing more.
    Answer Applies to: Nevada
    Replied: 10/14/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    It depends, felony charges in district court get dismissed all the time. No jeopardy has attached. If jury was sworn in then case dismissed, it cannot be brought forward.
    Answer Applies to: New Hampshire
    Replied: 10/14/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    A felony can be recharged at least once and sometimes more depending on the circumstances. The rules are contained in PC 1385 through 1387 of the Cal. Penal Code.
    Answer Applies to: California
    Replied: 10/14/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    It depends on how it is dismissed. With prejudice then they cannot recharge you. Without prejudice then they can recharge you.
    Answer Applies to: Michigan
    Replied: 10/13/2011
    Russman Law
    Russman Law | Ryan Russman
    If jeopardy is attached and the felony is dismissed they cannot recharge you.
    Answer Applies to: New Hampshire
    Replied: 10/13/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes.
    Answer Applies to: Michigan
    Replied: 10/13/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Yes, you can be recharged with a felony after the charge has been dismissed. Often times a prosecutor will dismiss a felony charge on his own motion for lack of evidence or due to missing witnesses making the case more difficult to prove at trial. A criminal case can also be dismissed on a defense motion based on lack of probable cause to believe an offense was committed by the defendant. After the dismissal, police investigators may discover new evidence or trial witnesses establishing probable cause and making the case easier to prove at trial. Under these circumstances, the prosecutor has the right to recharge the felony case. The only road block to recharging the case would be the statute of limitations for criminal offenses. Most crimes require the case to be charged out by the prosecution within three (3) years from the date of the alleged offense. Once the statute of limitations expires in a criminal case, the felony case can not be recharged.
    Answer Applies to: Minnesota
    Replied: 10/13/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Unless jeopardy attaches, a dismissal does not prevent the prosecutor from refiling charges.
    Answer Applies to: Michigan
    Replied: 10/13/2011
    Rudolph A. Serra, Attorney
    Rudolph A. Serra, Attorney | Rudolph A. Serra
    There are two kinds of dismissal. If a court dismisses a case "without prejudice" it means that the case was dismissed without a final finding of guilt or innocence. This is the kind of dismissal used when a witness fails to show up or some other technical reason exists why the case cannot go forward. When a case is dismissed "without prejudice" it means that the case can be filed again and started over. If a court dismissed a case "with prejudice" it means that the accused person was found not guilty. In that case, double jeopardy and other doctrines apply and the same charges cannot be filed again. In either case, if you are facing felony charges you need to get a lawyer to help you look into the dismissal and the new charges.
    Answer Applies to: Michigan
    Replied: 10/13/2011
    McCormack Law Office
    McCormack Law Office | Erin Michael McCormack
    Yes, you can be recharged. A dismissal is not an adjudication of the charge on its merits, so double jeopardy doesn't apply. To dismiss and recharge an individual is a common tactic utilized by the state frequently.
    Answer Applies to: Maryland
    Replied: 10/13/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    As long as jeopardy hasn't attached (the trial has begun), they can dismiss and refile one time (and a second time on violent offenses under limited circumstances).
    Answer Applies to: California
    Replied: 10/13/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    They sure can. ie. You go to the Preliminary Hearing and you win. The judge finds that the cop is a lying sack of shit. Next day they recharge the same crime. It's the American system of justice.
    Answer Applies to: California
    Replied: 10/13/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    They can charge you again as long as the statute of limitations has not run and a jury trial on the charge did not begin. Often prosecutord
    Answer Applies to: Nevada
    Replied: 10/28/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If it is dismissed without prejudice (not on the merits of the case) it can be recharged. If dismissed with prejudice, cannot be recharged.
    Answer Applies to: Michigan
    Replied: 10/28/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Yes they can if it is a felony. Sometimes prosecutors don't have enough evidence so they dismiss the case and refile it later once they have the evidence. In most cases they can only do that once.
    Answer Applies to: California
    Replied: 10/13/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    A case dismissed with prejudice cannot be refiled a cased dismissed without prejudice can be refiled.
    Answer Applies to: Washington
    Replied: 10/13/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    You can be recharged as long as the statute of limitations has not run. You cannot be retried if you are acquitted by a jury. Since a dismissal is not a decision on guilt or innocence, it does not prevent a retrial.
    Answer Applies to: Oregon
    Replied: 10/13/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Double Jeopardy prevents a second trial once a charge has been dismissed, but it does not prevent a federal charge or a prosecution on a related charge.
    Answer Applies to: New York
    Replied: 10/13/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Double jeopardy does not attach until a jury has been sworn in. If a felony is dismissed before that time it can be refilled.
    Answer Applies to: California
    Replied: 10/13/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    They can't try you twice for the same offense. Sometimes when a case gets dismissed on a technicality it can be started over again.
    Answer Applies to: New York
    Replied: 10/12/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    If the case was dismissed without prejudice before a verdict or ruling then you have technically not been tried. In this case, the State can re-file but the defense goes on alert - statute of limitations, etc. why was it dismissed, did the state have a problem, what changed? 90% of the time a dismissed charge is gone for good.
    Answer Applies to: Texas
    Replied: 10/12/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you had a trial and a finding of not guilty was entered, you cannot be recharged with the same offense. However, if dismissed before trial on motion of the prosecution, it can be brought back in court. Double jeopardy attaches once a jury has been impaneled or when the State rests its case-in-chief.
    Answer Applies to: Illinois
    Replied: 10/12/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    If you go to trial and are found Not Guilty then you cannot be retried on that same charge.
    Answer Applies to: New Jersey
    Replied: 10/12/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It depends upon the nature of the dismissal. If the case is dismisses with prejudice, they cannot refile. If the case is dismissed without prejudice then the case CAN be refilled.
    Answer Applies to: Washington
    Replied: 10/12/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    Yes, you can be recharged. Jeopardy doesn't attach until the first witness has been sworn at trial or until you plead to the charge. After that you can't be recharged.
    Answer Applies to: Louisiana
    Replied: 10/12/2011
    THE LAMPEL FIRM
    THE LAMPEL FIRM | ERIC LAMPEL
    Once in jeopardy you cannot be subjected to charges again for the same crime.
    Answer Applies to: California
    Replied: 10/28/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    What you are talking about is your constitutional right against being placed in "double jeopardy." This principle prohibits a person from being re-tried after he is acquitted. In very limited circumstances a person can claim double jeopardy if the government dismisses a case based upon some bad faith or improper purpose. Otherwise, they can re-charge you as long as the new charge remains within the statute of limitations for the offense.
    Answer Applies to: Colorado
    Replied: 10/12/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Depends, if dismissed for lack of probable cause then you are safe. But otherwise, they have a 2 year statute of limitation to refile the case.
    Answer Applies to: Texas
    Replied: 10/12/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Unless there was some notation that the case was being dismissed with prejudice, then they can refile the case up until the time that the statute of limitations runs. Many times cases are dismissed but then new information is learned that causes the state to want to refile.
    Answer Applies to: Texas
    Replied: 10/12/2011
    bark & karpf
    bark & karpf | peter bark
    It all depends on the reason for the dismissal and the amount of time that has elapsed from the time of the dismissal. If you are arrested on a felony charge, the prosecution has six months to dispose of the case or bring it to trial. If the case is thrown out in the Grand Jury for lack of evidence, the prosecution can get permission from a judge to represent based upon new evidence, provided the six months have not expired. This is just one example. However, if the case is dismissed during trial because the prosecution's evidence is insufficient, then the dismissal ends the case because jeopardy has attached.
    Answer Applies to: New York
    Replied: 10/12/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    If the State dismisses a charge, the State could re-instate the same charge or bring a new charge based upon further investigation.
    Answer Applies to: New Jersey
    Replied: 10/12/2011
    Theresa Hofmeister, Attorney At Law
    Theresa Hofmeister, Attorney At Law | Theresa Hofmeister
    The D.A. can refile charges after original charges were dismissed. Double jeopardy only comes into play if you were acquitted by a jury after a trial. Consult a local criminal defense attorney in your area. Good luck!
    Answer Applies to: California
    Replied: 10/12/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    That depends on when the case is dismissed. If a case is dismissed before trial starts, it can usually be re-filed. If thetrial has started and the case is dismissed, then it can't be brought back.
    Answer Applies to: Georgia
    Replied: 10/12/2011
    Anderson Walsh PLLC
    Anderson Walsh PLLC | STACI LYNN ANDERSON
    Prosecutors can ask a judge to dismiss a felony without prejudice. Which means that the prosecutor can refile the charges for up to five years after the crime is alleged to have occurred. If the case was dismissed with prejudice, or under circumstances where it can be argued that the charge was dismissed with prejudice, they case cannot be refiled. You should seek the advice of a competent criminal defense attorney in your area to look at the circumstances of the dismissal to see if you have an argument for dismissal WITH prejudice.
    Answer Applies to: Idaho
    Replied: 9/20/2012
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    In California, In most circumstance the prosecution can refile one tome after a dismissal
    Answer Applies to: California
    Replied: 10/28/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    The DA will get two bites at the apple with the preliminary hearing. A lot depends on how and why the DA dismissed the case.
    Answer Applies to: California
    Replied: 10/12/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    If the case was dismissed by the State without prejudice, prior to trial, you can be recharged. If the court dismissed the charge, or if it was with prejudice, then you cannot be recharged under the Double Jeopardy provision of the Constitution.
    Answer Applies to: Minnesota
    Replied: 10/12/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    Yes, the law is that unless you have been through a formal arraignment, meaning you pled "not guilty" in front of a judge or jury, then jeopardy has not attached and they can recharge you. However, there are some time limits that are necessary to litigate so if this happens to you speak to your attorney about a Rule 600 Motion. And I agree that it is unfair but it is the law.
    Answer Applies to: Pennsylvania
    Replied: 10/12/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    It depends on whether it was dismissed voluntarily by the prosecution or it was dismissed through a court order or verdict. If a case is dismissed without prejudice (meaning without a verdict or order) then it may be recharged.
    Answer Applies to: Minnesota
    Replied: 10/12/2011
    Law Office of Elizabeth B. Carpenter, Esq.
    Law Office of Elizabeth B. Carpenter, Esq. | Elizabeth B. Carpenter
    Yes, you can be recharged provided 1) the statute of limitations for reinstituting the charges has not passed and 2) the charges are not barred by double jeopardy. Jeopardy commences when the jury is sworn in or in the case of a judge trial, the first witness is sworn in. If you are at risk of being recharged for the same offense, you must consult a lawyer.
    Answer Applies to: Louisiana
    Replied: 10/12/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    yes they can, unless it is dismissed with prejudice or they do not file charges the second time until after the statute of limitations there may be a requirement that there be new evidence, but in general, the DA can dismiss and re-file on many felonies, the SOL is three years from the date of the offense, but there are lots of exceptions.
    Answer Applies to: Colorado
    Replied: 10/12/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    If the charge was dismissed "with prejudice" it cannot be recharged. However if the charge was dismissed "without prejudice" it can be recharged anytime up to the expiration of the 5 year statute of limitations. You might be confusing this with "double jeopardy" which is another thing altogether. If a person is brought to trial on a charge and is found not guilty, he cannot be retried on the same charge.
    Answer Applies to: Kansas
    Replied: 10/12/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    The prosecution can file and dismiss and then re-file a non-serious felony. If the felony is violent or serious, they can file a third time if none of the prior dismissals were due to excusable neglect.
    Answer Applies to: California
    Replied: 10/12/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    If your criminal charges are properly dismissed, the District Attorney cannot charge you again for the same incident unless the charges are different or they are based on other findings.
    Answer Applies to: California
    Replied: 10/28/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    It's always dangerous to look things up [no matter where] and then to presume to understand the ins and outs of criminal law; that is tantamount to going on line and finding a picture of the human brain and presuming there from that you could perform brain surgery. A felony can be refiled once following a dismissal, subject to extraordinary circumstances that take the matter outside of the "refile once" rule.
    Answer Applies to: California
    Replied: 10/12/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The ability of the prosecuting authority to recharge would depend upon the reason for the dismissal. If there was a trial and you were found "not guilty", the prosecution cannot recharge. If the prosecutor dismissed on its own, or the court dismissed the charge for lack of probable cause, the prosecution is not precluded from recharging the original offense if it can produce additional evidence.
    Answer Applies to: Minnesota
    Replied: 10/12/2011
    Law Offices of Andrew D. Myers
    Law Offices of Andrew D. Myers | Andrew D. Myers
    If it was dismissed "WITH PREJUDICE", this means that you cannot be faced with charges based on the same incident. If it was dismissed "WITHOUT PREJUDICE", that means that the charges may be brought back up again at a later time. This is often used when there is some condition upon which you are required to comply, or when there has been some technical error on the part of the police or prosecutors.
    Answer Applies to: New Hampshire
    Replied: 10/12/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The critical issue is whether the case is dismissed "with prejudice" or "without prejudice." With prejudice means it is a final dismissal and the case cannot be refilled. Without prejudice means the prosecutor is free to re file the charges as long as he does so within the Statute of Limitations (SOL). The SOL for most Washington felonies is three years. When a case is dismissed without prejudice, the SOL begins anew. If the defendant leaves the state or hides out the SOL is "tolled" or put on hold. If you want to assert an SOL defense, make sure the cops, court or prosecutor has a good mailing address for you.
    Answer Applies to: Washington
    Replied: 10/12/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Depends on how it was dismissed. If "noble crossed" yes, they can bring it back. If dismissed with prejudice, no. Jeopardy attaches only at trial after forts witness testifies which means at that point any dismissal and retrial would be barred by "double jeopardy".
    Answer Applies to: Virginia
    Replied: 10/12/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on how the dismissal occurred. If it occurred after a jury was impaneled, it is with prejudice. If it was voluntary prior to trial, it is without prejudice. If it was without prejudice it may be recharged or new charges may be brought.
    Answer Applies to: Minnesota
    Replied: 10/12/2011
    Adam L. Bantner, P.A.
    Adam L. Bantner, P.A. | Adam L. Bantner, P.A.
    It depends. If speedy trial was NOT waived, then they cannot refile after the expiration of the speedy trial period. If speedy has been waived, they can refile so long as it is within the statue of limitations for the particular offense. If it is refiled within the speedy trial period, they can refile.
    Answer Applies to: Florida
    Replied: 10/12/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    It might be possible to recharge you. It depends on the circumstances. It is not common, however, for a case to be brought back after a dismissal.
    Answer Applies to: Georgia
    Replied: 10/28/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    They can refile unless it was dismissed with prejudice, otherwise they can refile twice. If the crime is a violent crime enumerated as such in the penal code, there are some situations where they can refile a case a third time.
    Answer Applies to: California
    Replied: 10/12/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Since it is a felony, they can recharge you after a dismissal.
    Answer Applies to: California
    Replied: 10/28/2011
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