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It would depend on the legislation of the country concerned.
Additional Answer
A rehearing is no different than the initial hearing in that it is subject to the same rules governing dismissals as the first hearing.
One example would be if a conviction were set aside by an appellate court because the trial court allowed evidence of a confession that should have been excluded. The appellate court would remand the case to the trial court for a rehearing or retrial. If the trial court felt the prosecution's case was insufficient to sustain a conviction absent the confession, it would dismiss the case on rehearing.
Another example would be if a conviction or finding of civil liability were based on a statute later declared unconstitutional, the case would be remanded to the trial court for further proceedings consistent with the declaration that the statue was void. On rehearing the court would dismiss the case.
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∙ 13y ago
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At sentencing hearing can a jury reverse a guilty verdict?
What can be done at a rehearing depends on the purpose of the rehearing. I assume you are referring to a rehearing preceding sentencing. The judge does not overturn a guilty plea at a rehearing. The defendant requests to withdraw the guilty plea and the judge either allows it or does not allow it. Or the defendant can request to change his plea to Not Guilty at a rehearing.
If a criminal case was dismissed can that case be open at a later date?
noAnother View: Yes, it could be, depending on HOW the case was dismissed. If the judge dismissed the case WITH prejudice it cannot be re-opened. If it was dismissed WITHOUT prejudice it can be.However, if a criminal case is dismissed without prejudice it may not be re-opened IF the applicable statute of limitations for that crime in that situation has lapsed.
Can you sue if the case is dismissed with prejudice?
Plaintiffs do not charge. They file lawsuits. The plaintiff can always file, but if the case is dismissed with prejudice, a new filing cannot be litigated. If a case is dismissed with prejudice, it means res judicata applies, and a new filing would be dismissed because the issues have already been litigated. If the case is dismissed without prejudice, it means that it has been voluntarily dismissed or dismissed for some reason to allow the case to be refiled and re-litigated later.
If your felony case is dismissed after completing probation what does that mean in detail?
It means your case is dismissed. Your case will still show up on your background report. I got my felony case expunged, but it still shows on my background as dismissed.
Can you file chapter 13 after being dropped?
IF by dropped you mean the case was dismissed, the answer depends on when and why the case was dismissed.
Can a dismissed case be re-opened The court never said if it was dismissed with or without prejudice. Just that the case was dismissed and I was free to go?
When a case is dismissed with prejudice the State cannot refile the charges.Added: When it is dismissed WITHOUT prejudice, the charges CAN be re-filed and you can be prosecuted. Regardless of what you remember, the original case file will reflect in what manner the original case was resolved. Do the research or ask your attorney.
What are the release dates for Case Dismissed - 1924?
Case Dismissed - 1924 was released on: USA: 26 May 1924
What does it mean when a case is dismissed plantuf did not show?
It means that the case is dismissed because the plaintiff did not show up in court.
Your assault case was dismissed can you put no on a job application if ever convicted of a felony?
if the case was dismissed you were not convicted. you can truthfully answer no.
What happens is someone was charged for disorderly conduct and case was disposed?
The case first has to be dismissed. Once the case has been dismissed it will be disposed of. In some cases it may not be on your record and in some cases it will say dismissed.
What does it mean when a court case is dismissed but shows up on a background check?
It should be known HOW the case was dismissed. WITHprejudice or WITHOUT prejudice.Also, having a case dismissed does not mean that the record of your arrestdisappears and ceases to exist.
After being arrested and incarcerated for 4 days the case is later dismissed can you be arrested at a later time again?
If it is voluntarily dismissed by the prosecutor or the police department, the plantiff in the case CAN bring the case back to court at another time (if the second case is dismissed, you're in the clear after that.) If it was involunarily dismissed by the judge, then no.
