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Can a person be arrested twice for the same crime and never did anything wrong. The first time it was not filed by the State and two weeks later the police arrested me again. Is this legal.?
Wiki User
∙ 13y ago
Unfortunately, yes. Being arrested means the police take you into custody. They can decide to either let you go or charge you. If they let you go you have no recourse unless it starts to be a habit. Since you were not charged the first time you were not "in jeopardy." Now, if the police kept arresting you and letting you go, three, four, five times or more, then you could conceivably go to court to get a writ of prohibition or mandamus, but until that happens you just have to "bend over and take it."
Another View: A more realistic view and possibility, is that the prosecutor Nolle Prosse'd the first charge due to a lack of information, or some other deficiency wiith which to go forward with the case.
Just because a prosecutor dropped the charges does NOT mean you are 'home free.' Subsequent investigation by the police may have been able to supply the prosecutor with the missing information he needed. Thus, you were arrested again. Not until you go to court and are tried or the judge dismisses the charges WITH PREJUDICE, does double jeapordy come into play. The prosecutor is no fool, if he feels that he is being presented with a tainted case, he ain't gonna touch it! Of THAT you can be sure.
Wiki User
∙ 13y ago
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