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 . \nMotions to reopen bankruptcy cases shall be accompanied with the payment of any prescribed filing fees. \n. \nPayment of the filing fee to reopen a bankruptcy case filed by the trustee due to the discovery of additional assets in the estate shall be payable at the time the motion to r…eopen is filed. ( Full Answer )
Answer . \nThe most common reason is the filer wants to add creditors onto the bankruptcy schedule. The trustee can also ask for the BK to be reopened if they suspect that nonexempt assets were not included at the time of the original filing. There are a few other conditions in which a BK can be …reopened. The discharge of bankruptcy does not actually 'close' the bankruptcy, it may remain open for an undetermined amount of time, depending on circumstances. ( Full Answer )
Answer . When it refers to a civil case it simply indicates that the case has been ruled on in favor of one of the parties or dismissed or settled, etc.. Answer . It depends on the context, but it CAN mean that a problem was dealt with in Civil Court, meaning that somebody sued somebody and t…he problem was resolved.. It can mean a civil case has been "disposed of" in the way that is applicable.. Or it can mean the taking of a deposition relating to a civil case of any nature.. Answer . "Deposed" refers to the taking of "depositions". The first answer is correct. ( Full Answer )
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 the motion to have it explained.
Usually, new information has been found that could or would change the outcome of the case. Ask the attoney that filed to reopen the case. I did not have an attorney but the mental health counselor lost his license recently and he finally admitted to the act. Is this sufficient to reopen? His attorn…ey settled out of court prior to him admitting. As long as the statue of limitations of the offense have not been exceeded. ( Full Answer )
It depends on how it was handled and how long it has been. I'm in the process of re-opening mine and since it was handle through the state (Florida) and the Department of Revenue all I had to do was go down to the local DOR office and start the paperwork. Of course it would be much faster if you obt…ain a lawyer but their retainer fees tend to be around 4 grand or so. At least here they are. Hope this helps you out!!!! ( Full Answer )
A case in which defendant is tried for committing a crime as defined by the law. A criminal case consists of a number of phases, from the initial arrest to sentencing and possible appeal. The following is the general order of events leading to a criminal case: arrest, booking, bail, arraignment, pl…ea bargain, preliminary hearing, trial. In some instances, bail or a plea bargain will not be available depending on the state, the nature or the crime, and the judge. ( Full Answer )
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
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 such 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. ( Full Answer )
Civil cases are punished by means of fines or restrictions or controls on ones activities or business - no jail or prison time is called for in the statute. Criminal cases - the defendant can be sentenced to jail or prison. The threshold for conviction in a criminal case is beyond a shadow of a …doubt. Jurors must feel 100% certain that a conviction has been proven without any doubt in their mind. In civil court, its purponderence of the evidence. If youre 51% sure of something, thats good enough. You can have doubts or reservations, but youre going strictly on what you believe is more likely than not. The way a trial moves a long is much different, too. Criminal cases tend to be scattered over many short appearence in court, while civil cases are usually given a scheduled time of anywhere from a day to 5 weeks, where they are the only people before the judge. ( Full Answer )
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 often 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 y…our 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. ( Full Answer )
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? ( Full Answer )
I would need more information to answer this question. However, I am guessing in this case, that the INS or USCIS would be able to hold someone until the reopened case has been completed. So they could potentially hold for 180 days, which is only a guideline for dealing with a case.
File a legal motion with the court that granted the divorce to set the judgment aside and have the case re-opened on the basis of the fact that the other party committed PERJURY. You had better have proof because you will be required to present it to the judge at a hearing on which he bases his deci…sion to either re-open it or not. ( Full Answer )
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 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. ( Full Answer )
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 you settled a case and have "Open Medicals" then yes, because technically it never was closed.
i think you have to find new and important evidence. Added: In response to the question on the discussion page: (1) The questioner does not state what kind of death case they are referring to. (2) If the death was not treated as a homicide, AND you have evidence or proof to the contrary, pre…sent it to the police. If they find your allegation compelling, they can open an investigation into the circumstances you report, and if they find probable cause that the death was mis-classified, it can be re-opened as a homicide investigation. ( Full Answer )
Unless you have some VERY compelling evidence or new facts to present it will be pretty difficult. If you have any such information get an appointment to speak with the prosecutor's office and present it to them.
No, they should not be able to do so. This is information that isspecifically asked of every juror when they undergo VoireDire prior to the jury selection process. Prospective jurorsin such a situation are excused and dismissed from jury duty.
In police jargon, a case is 'closed' when it is solved either by arrest, or "by other means." For instance: when the perpetrator is known beyond a reasonable doubt but cannot be prosecuted for some reason - by death of the perpetrator (poss. during the commission of the crime or during apprehension)… - by deathbed confession - etc. ( Full Answer )
Self defense, acting under duress, insanity, lawful capacity of office(applies to first responders such as police officers, firefighters, EMTs etc), legal duty(applies to citizens whose assistance is requested by a first responder.. also referred to as the "Good Samaritan" law), necessity/lesser har…m(the act was necessary to prevent a foreseeable & greater harm than the harm created by the act), mistake of fact(generally part of self defense), intoxication, automatism(ex. sleep walking), insanity ( Full Answer )
It means that it has been on the courts docket for quite some time and is beginning to "age out" as the deadline for the requirement of "speedy trial' approaches.
Yes, this is especially true with accounting/business issues, such as at Enron. Once the court has declared wrongdoing in a civil matter, the DA next looks to hold those responsible for this wrongdoing liable in criminal court.
Parties involved are: the victim, the suspect/defendant, the prosecutor, the defense lawyer, the judge and the jury. For civil it's: the plantiff, the defendant and the judge.
By "dropped" I'm going to assume you mean "dropped" by the prosecutor before they actually file charges. That is known as a Nolle Presequi (literally: I decline to prosecute). It can occur if the case presented to him by law enforcement is lacking in sufficiency - or just plain incompetently han…dled - or possibly not worth the cost of prosecuting it - or there is a reluctant complainant - etc. ( Full Answer )
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 'Dismissal WITHOUT Prejudice." WITH prejudice means that the prosecutor CANNOT re institute the charge again. WITHOUT prejudice mea…ns 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. ( Full Answer )
Yes, there have been instances of mentally incompetent persons who were confined to institutions until they recovered and then they were tried.
No. A conviction is when the defendant pleads guilty or nolo, or a jury finds him guilty. Dismissed functions like a not guilty.
yes you can but it can take a while because it has to go through court
Yes, depending on the circumstances. She should visit the court and discuss her situation with a clerk or court advocate.
Can you reopen a workman's compensation case in massachusetts after you been paid a lump sum settlement
The penalty for violating criminal law can be a monetary fine, jail, or prison. The penalty for violating civil law can amount to no more than a monetary fine. There is no incarceration involved in violating civil law. - - - - - The official difference is that criminal law is concerned with the we…lfare of the community as a whole, where as civil law is aimed for the individual. Civil cases provide a remedy - such as a monetary award to restore the 'victim'. Criminal cases involve the police and give sanctions (such as jail), which dont associate in civil law. - i read this out of my textbook... ( Full Answer )
A cold case may be reopened because of a repeating crime with the same style of abuse. It could also be reopened for a family to know what happened to their loved one or any of their belongings.
It depends upon the circumstances, for instance whether or not a child support order was in place before the young adult reached the age of majority and/or if the state in which the young adult in question resided/resides has a statute of limitations relating to child support obligations.
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.
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 which may lead to a suspect - contact the agency which originally investigated the case and speak with the Detective Division. Th…ey would welcome any leads which would lead to the case closure. ( Full Answer )
Yes. No matter what the issue in court you may appeal or petition for a new trial if you can present credible evidence of your allegation.
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 pretri…al 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. ( Full Answer )
That depends on the state, the court and the laws in your state. Call the court that has jurisdiction and inquire there. That depends on the state, the court and the laws in your state. Call the court that has jurisdiction and inquire there. That depends on the state, the court and the laws in you…r state. Call the court that has jurisdiction and inquire there. That depends on the state, the court and the laws in your state. Call the court that has jurisdiction and inquire there. ( Full Answer )
It can cause the statute of limitations to start over, or at leasttoll. It will depend on the law in the jurisdiction and how it iswritten.
You must wait until there has been a considerable change in circumstances. You must wait until there has been a considerable change in circumstances. You must wait until there has been a considerable change in circumstances. You must wait until there has been a considerable change in circumstance…s. ( Full Answer )
You cannot appeal a finding, or re-open a case, whiich has been presented to a Grand Jury and on which they have already ruled. If an indictment was handed down the only option the defendant has is to fight the case in court.
You can reopen a closed child dependency case depending on the circumstances and the time frame. You should be conscious of the previous ruling and the agreement before attempting to reopen a case.
That depends on if the case was closed with or without prejudice. With prejudice means the decision is final and cannot be revisited or reopened unless the decision is appealed within appellate guidelines. Without prejudice means the opposite but again, appellate guidelines may apply. Refer to your …court documents or consult an attorney for an informed opinion. ( Full Answer )
It depends on the type of case, how it was closed, when it was closed, and if you have a good reason to reopen.
You file a petition for modification at the court that has jurisdiction over your case. You need to show a material change in circumstances since the child support order was entered. You file a petition for modification at the court that has jurisdiction over your case. You need to show a material …change in circumstances since the child support order was entered. You file a petition for modification at the court that has jurisdiction over your case. You need to show a material change in circumstances since the child support order was entered. You file a petition for modification at the court that has jurisdiction over your case. You need to show a material change in circumstances since the child support order was entered. ( Full Answer )
Yes, the police can reopen a case once they close it provided thatthey find new evidence.