Can a criminal case be reopened after it is settled?
The court can reopen a defendant's case or order a new trial only under certain circumstances. For example, evidence discovered since the trial that could not have been discovered before now and the results in the original trial would likely have been different.
You may not be charged for the same crime twice.
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Answer . Usually, it means that more debt has been found, or it has been decided that debt already known can be included\nin the bankruptcy case. See the attorney filing t…he motion to have it explained.
In Pennsylvania, it's 13 months.
It depends on if it was dismissed with prejudice (no reopen), or dismissed wihout prejudice (can be brougt again). Some criminal cases are 'filed' or 'continued without a find…ing' -- these cases can be brought if the defendant does something unlawful within the time period that was stated
Under certain circumstances a civil case can be reopened. A party may be relieved from a final judgment in cases of mistake, inadvertence, surprise or excusable neglect. If su…ch relief is granted, that effectively reopens the case for further proceedings. Also, a case may be reopened if there is newly discovered evidence which would probably have altered the judgment. It would most likely have to be proved that the new evidence could not have been discovered sooner using due diligence. A case may be reopened if it is dismissed without prejudice for a procedural matter such as failing to provide discovery, failing to file appropriate pleadings or even failing to appear for trial, a motion to reopen or restore the case to the active calendar may be made. Most dismissals for failing to provide discovery are routinely reinstated on motion if the required discovery is provided. If a case is disposed of by way of summary judgment or on motion to dismiss at the end of a party's case, a motion for reconsideration may be made by the losing party. On rare occasions the trial judge might be persuaded that an error was made and reverse the decision rather than be taken up on appeal and have the appellate court reverse and remand. Every civil case may be reopened if the prevailing party committed a fraud upon the court or if the judgment is void. A judgment may be void if the court had no jurisdiction to hear the case or if a party was not properly served or for various other reasons. In general, cases that have been disposed of may never simply be refiled. They are either appealed or reopened. One instance where a case may refiled is where the court that disposed of the case never had jurisdiction to hear it. If it had no jurisdiction to hear it in the first place, it has no jurisdiction to hear it after reopening it.
Yes, and it frequently happens. As the evidence in the case develops during discovery the prosecution and the defense become aware of the case's strength and weakness. This of…ten leads to plea discussions and settlement. Please see the related link for further information.
In Texas you cannot reopen a closed child support case, but you can refile for child support through the Attorney General's office at any time.
If a criminal case is dismissed but detective threatens you to reopen it if you do not help build a stronger case on your husband is it legal for him to recharge you and re-arrest you?
This wording is changed but is very little different from the original question. It is becoming more obvious that there is more to this question than the writer is revealing. …The case against WHO was dismissed? Why would he be "re-arresting YOU?" It sounds as if the police are intent on on gaining your assistance in getting your husband into court. I wonder why? The one thing I can say with certainty is, once a case is "dismissed," the same case cannot be "re-opened." If the detective has enough probable cause to arerest you on a new charge it is not outside of his discretion to "urge" you to cooperate.
If criminal case of violent gets dismissed by the judge and the DA reopen and charged you again for the same thing twice is that legal?
It all depends on the manner in which the original case was "dismissed." If it was Dismissed WITHOUT prejudice , that means that the judge found some legal deficiency wit…h the case but did not bar the prosecution from re-filing it after the deficiency was corrected. If it was Dismissed WITH prejudice that means that the judge threw it out entirely and barred the prosecutor from bringing the exact same charge for the exact same offense again. It sounds like your 'dismissal" may have been the first type.
To make a long story short, it means that your case that was once settled and closed may be reopened and used against you with whatever new charge or new situation you may be …going through.
Would depend on what kind of "settlement" you agreed to and your specific work comp state laws, but typically no. That's why it's called a settlement in full etc.. . Now if y…ou settled a case and have "Open Medicals" then yes, because technically it never was closed.
Criminal case dismissed. Will it be reopened. How long could DA wait for reopening it. Is there any risk of trying to expunge the arrest record now?
There are several means by which cases can be "dismissed." After a case has been actually presented to court, a judge can do two of them: 'Dismissal WITH Prejudice' and 'Dismi…ssal WITHOUT Prejudice." WITH prejudice means that the prosecutor CANNOT re institute the charge again. WITHOUT prejudice means that the prosecutor CAN re-institute the charges if a minor correction to the case is made to correct a minor legal defect. ALSO - the prosecutor, for whatever reason, may NOLLE PROSSE a case before it is even presented to court. A Nolle Prossed case CAN be re-instituted without double jeopardy being involved. Make certain you know in which way your case was handled and disposed of. It is VERY important.
yes you can but it can take a while because it has to go through court
A case dismissed with prejudice means it can not ever be brought again. A case dismissed without prejudice may be brought again as long as the statute of limitations governing… the case has not run out.
In Criminal Law
There is no 'statute of limitations' on Homicide cases. A murder case is one type of case that is never 'closed.' If you believe that you have new evidence or information whic…h may lead to a suspect - contact the agency which originally investigated the case and speak with the Detective Division. They would welcome any leads which would lead to the case closure.
Nolle Prossed ("Nolo Prosequi") means not prosecuted, meaning the prosecutor declined to prosecute the case. While this means that the case CANNOT be reopened once it's closed…, charges can be refiled if later there is enough evidence to proceed. If the case was nolle prossed in exchange for a pretrial offer (Pre-trial intervention, or restitution for a bad check, etc.), then once the conditions of the pre-trial offer is met within a certain period of time without any arrests, the case is closed forever.
Usually 95-99%, depending on the jurisdiction and time period.