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In a hung jury case, a district attorney can typically re-file charges as many times as they deem appropriate, as long as the statute of limitations has not expired. However, the decision to re-file may depend on various factors, including the strength of the evidence, the circumstances of the case, and the potential for a different outcome. Ultimately, the prosecutor must consider the interests of justice and the resources available for pursuing the case again.
What else can I help you with?
Can the plainiff refile?
Whether a plaintiff can refile a case depends on the specific circumstances and jurisdiction. If the case was dismissed without prejudice, the plaintiff typically has the right to refile. However, if it was dismissed with prejudice, the plaintiff generally cannot refile the same claim. It's important for the plaintiff to consult with an attorney to understand their options based on the details of their case.
If you cancel child support but want to reopen the case what do you do?
Refile
Do they have to serve another subpoena when they refile a case that was dismissed?
summons or subpoena, yes
what is dismiss to leave to refile mean?
"Dismiss to leave to refile" is a legal term indicating that a court has dismissed a case but allows the plaintiff the opportunity to refile it in the future. This often occurs when there are procedural issues or deficiencies in the original filing that can be corrected. It essentially gives the plaintiff a second chance to pursue their claims without prejudice, meaning the dismissal does not affect the merits of the case.
Do you owe your attorny any fees if you dismiss your case?
YOU cannot dismiss your own case. A dismissal can only be granted by a judge. You must pay your attorney for any work that he does on your case.
Can a plaintiff refile a dismissed case because the plaintiff did not show?
Yes, a plaintiff can typically refile a dismissed case if it was dismissed without prejudice, meaning the case was dismissed for reasons that do not prevent refiling. However, if the case was dismissed with prejudice, the plaintiff generally cannot refile the same claim. It's important for the plaintiff to understand the specific reasons for dismissal and any applicable statutes of limitations before refiling. Consulting with a legal professional is advisable to navigate the complexities of the situation.
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.
Reasons why a police record should remain confidential even after the case has been sent to the proscuting attorny?
Just need an answer.
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?
Can you sue after your case is dismissed?
Yes, you can sue after your case is dismissed, but the specific circumstances matter. If the dismissal was "with prejudice," you generally cannot refile the same claim. However, if it was "without prejudice," you may be able to refile the case, potentially addressing any issues that led to the dismissal. It's important to consult with a legal professional to understand your options based on the details of your case.
If you file for child support - and then withdraw your case - can you refile?
Yes. You can always open a case again you have withdrawn. You can also file for a modification of an existing child support judgement.
To dismiss with prejudice with each party to bear its own costs?
This means that the case is over, no one can refile the case (based on anything made a complaint in the case) and everyone has to pay their own costs (attorney's fees) in the case.
