my cousin got arrested for stealing and went to court. The case was dismissed but would the store be able to bring the case back up in the future? What exactly is "dismiss"
2006-10-21 20:00:05 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
also.... he is in school. He graduates in May so with this being on his record...will he be able to geta job?
2006-10-21 20:09:07 · update #1
if the case was dismissed without prejudice they can bring it up again if under a certain amount of time if the defendant gets into the same or similar situation.
if the case was dismissed with prejudice then they cannot reopen the case.
the store cannot bring the charge up again only the district attorney can do that. usually when the prosecuting party does not initially go forward with the case the DA won't give them another chance.
mark m is only partially right. a dismissal is not a verdict.
once a not guilty verdict is entered then the DA has no right to retry the case.
but a dismissal can be bought back to court under certain conditions. IE the Gotti Jr cases in NY they tried him 3 time on the same charge to a dead locked jury which forced the judge to dismiss the charges 3 times. but the over zealous DA kept charging him and taking him to trial. after the third trial the DA conceded the case.
chuck dismissal has nothing to do with double jeopardy. double jeopardy is if you go to trial and get a not guilty verdict then they can never charge you with that particular case again. a dismissal is not a verdict in the case. it just means that either they don't have enough evidence or the complaining party refuses to press the charge.
he will have an arrest record but no conviction. this should never hinder him in any way shape or form. with anything that he endeavors to do with his future.
2006-10-21 20:06:26 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Depends on why it was dismissed. As far as I am aware, yes it actually can, if it was dismissed over a simple lack of definitive evidence; and that fact changes due to further evidence being able to be demonstrated. It rarely happens as an earlier dismissal can make it very difficult to get the case retried. If however a case is dismissed to to police/legal misconduct however, no it cannot.
As someone else mentioned however, a civil case can still be pursued regardless of other outcomes - although a conviction in court does significantly improve a claimant's chances of compensation through civil action.
2006-10-21 20:13:52 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Not according to the fifth amendment, but it depends on the state in cases of a dismissed case. You would need to ask a lawyer. The store can sue in civil court.
2006-10-21 20:06:47 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The case was dismissed so it's not likely they would retry the case due to the statute of limitations. Dismissed means the charges were droped for what ever reason .
2006-10-21 20:11:55 · answer #4 · answered by S.A.M. Gunner 7212 6 · 0⤊ 0⤋
Yes, charges can be files again as long as they are inside the statute of limitations for the crime. A case can be dismissed for many reasons but most generally for lack of evidence or the complainant does not wish to appear. As for his record it will be there but can not be held against him since he was not found guilty of a crime.
2006-10-22 02:56:39 · answer #5 · answered by Ranger473 4 · 0⤊ 0⤋
No. Once a court has decided a verdict...even a case dismissal, you cannot be retried for the same crime in the U.S.
2006-10-21 20:04:22 · answer #6 · answered by mark M 2 · 0⤊ 0⤋
I'd say all the answers are correct so far but if they can come up with something else to charge him with they can do that.
Also he can be held liable in civil court, think OJ Simson. In civil court they don't have to prove he did it, just that it is more likely that he did than he didn't.
2006-10-21 20:08:23 · answer #7 · answered by goose1077 4 · 0⤊ 0⤋
It means that the store couldn't come up with enough evidence so they dismissed it. Which means exactly that.
No, they won't come after him. But it'll still be on his record.
Tell him to stay out of trouble....
2006-10-21 20:04:01 · answer #8 · answered by Sweetea 4 · 0⤊ 0⤋
Depends on the jurisdiction. If he keeps out of trouble he shouldn't have anything to worry about. If he stole from a store, then he should stay away from the store also.
2006-10-21 21:03:01 · answer #9 · answered by John E 2 · 0⤊ 0⤋
No, they can't bring it back up.Dismissed means that the judge found no merit in the case, that it wasn't worth the time.
2006-10-21 20:08:33 · answer #10 · answered by judy_r8 6 · 0⤊ 0⤋