2007-04-19 08:58:21 · 4 answers · asked by James K 1 in Politics & Government ➔ Law & Ethics
The only person who can reopen the case is a prosecutor in the appropriate jurisdiction. You need to convince that prosecutor that there are reasons to repoen (most of the cases that are reopened are reopened because new evidence becomes available). But you need to be aware of statute of limitations (many crimes can only be procecured within a certain time frame).
2007-04-19 09:21:13 · answer #1 · answered by NC 7 · 0⤊ 1⤋
It can be re-opened if it has not gone to trial. If it has, the same charges cannot be re-filed because of the Constitutional prohibition against double jeopardy. As a previous answerer noted, there is also a statute of limitations defense to minor crimes. Most felonies have no statute of limitations. Also, to re-open, I'd need to know how and why it was dismissed. Sometimes cases can be re-opened for newly discovered evidence, but that's tricky. The evidence has to be something that could not have been discovered before the 1st trial. The prosecutor would have to find a new charge to win on that grounds also because of double jeopardy.
2007-04-19 09:19:58 · answer #2 · answered by David M 7 · 1⤊ 1⤋
It depends on the court, sentence and the time frame. You generally have 30 days to appeal, but then there's always the Federal side you can jump you--once you finish the state stuff.......we need way more info.
2007-04-19 09:17:50 · answer #3 · answered by kathylouisehall 4 · 0⤊ 1⤋
What kind of case? Lower level offenses may be "dead" after a certain period.
2007-04-19 09:02:45 · answer #4 · answered by Snakebit 2 · 0⤊ 0⤋