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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?
Wiki User
∙ 14y ago
It all depends on the manner in which the original case was "dismissed." If it was Dismissed WITHOUTprejudice, that means that the judge found some legal deficiency with 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.
Wiki User
∙ 14y ago
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If criminal case-non violent gets dismissed and detective threatens to reopen and charge you if you dont help build stronger case on husband is that legal?
Question is not clear - too much conflicting info - define "threaten." If a case is "dismissed," it cannot be "re-opened," it would require re-filing the same charge (which would stand a 99 & 9/10% chance of being dismissed again), or the filing of new charges. It sounds as if the police are seeking your assistance in getting your husband into court. Why?
Can a criminal case that is closed be reopened?
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 finding' -- these cases can be brought if the defendant does something unlawful within the time period that was stated
Are you considered convicted if your case is dismissed?
If you were arrested for a felony crime - and the charge was dismissed before ever reaching the trial stage - you are NOT considered to be a felon. And although your record may reflect an arrest for the offense, it will also show that the charge was dismissed.
Can I make a motion to reopen if my petition for change of name was dismissed due to failure to appear?
You can always make a motion to reopen. Whether or not it will be granted depends on your reasons for failing to appear.
Can a credit card company reopen a charged off account?
No, a credit card company will not reopen a charged off account. They may choose to grant you a new line of credit, but this would be rare.
How long would a DA wait to reopen a dismissed case in KY?
If the case was dismissed WITHOUT prejudice he could open it whenever the deficiencies cited by the dismissing judge were corrected.
If a criminal case is noll prosequi how long does the plaintiff have to reopen the case?
In Pennsylvania, it's 13 months.
What form is needed to reopen a dismissed without prejudice divorce case?
You must determine the reason that the original case was DWOP'd. If it contains a 'legal defect,' correct the defect, and then re-file the case as if anew.
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.
Can you reopen a lawsuit that was dismissed WITHOUT prejudice 18 years after dismissal?
If the statute of limitations has not passed, you would be able to refile. However, almost all civil lawsuits are going to be past the limit at 18 years.
What is the correct spelling of re-open?
reopen
What is the past tense of reopen?
The past tense of reopen is reopened.
