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How long does an attorney have to refile a case that has been dismissed?
Not enough information. Was it dismissed WITH prejudice, or WITHOUT prejudice?
Do they have to serve another subpoena when they refile a case that was dismissed?
summons or subpoena, yes
Can you retry a 1st degree murder count if you have a hung jury?
Yes, a hung jury does not decide the guilt or innocence of the defendant. Until their is adjudication (decision) of the case that is not a finished case. If a jury is hung the prosecutor has to decide if they want to refile the charges or not. If they chose to refile then the case begins all over again. If not, then the defendant does not have to answer to the charge anymore. When that happens the case is dismissed. It can be dismissed with or without prejudice. If it is dismissed without prejudice then the prosecution can refile charges somewhere down the line; if it is with prejudice they cannot reopen the case.
How do you know if your bankruptcy was dismissed with prejudice?
If your case was dismissed with prejudice, it is because you failed to supply the needed schedules on time or you failed to do what that the court requested. The court will notify you that the case is dismissed and give instructions whether you can refile and the time line in which you can do it.
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.
You were charged with domestic violence against your husband where a child was involved and your case was dismissed will it affect yours chances to get your sons custody in case of divorce?
A dismissal of a case does NOT count as a conviction. However, the details in this case might matter.
Can you refile chapter 13 bankruptcy under the new bankruptcy law after your case was dismissed to avoid foreclosure?
A chapter 13 can be filed if it has been at least two years from the date the first filing was dismissed.
Can a soldier get kicked out of military housing for domestic violence?
Yes this can happen. Especially in serious case of domestic violence.
Are social workers required to report domestic violence?
It depends on if their is a domestic violence situation or case, in which, it would be pretty good to mention. But if their is no domestic violence involved, then there would be no reason to mention it.
Can it get my domestic violence charge pardon?
Depending on the circumstances of the case it may be possible to have a domestic violence misdemeanor expunged from your record. In California a domestic violence allegation can be charged as a felony or a misdemeanor.
Does a possession of marijuana affect a domestic violence case?
no
How long will your son serve on a domestic violence charge?
The period of charge is dependent on the type of domestic violence. But the serious the case, the longer the charge.
