lots of drug charges in the county i live in end with this desicion, later on (months even years) your tried again on same charges. Is this legal just because it went from district to superior court ?
2007-04-22 17:41:46 · 3 answers · asked by Buttons 2 in Politics & Government ➔ Law & Ethics
Dismiss with right to indict means that a DA will dismiss charges against a person, usually if they agree to some deal, but retains the right to prosecute that person in the future if they do not live up to their end of the bargain. Since it is the DA that dismisses charges, not the courts, it is not double jeopardy to be tried at a later date. Since these charges never went to trial there is no double jeopardy. This basically means that the DA chooses not to indict you on these charges at this time but reserves the right to do so in the future if you do not complete a drug rehab program, stay out of trouble, etc.
2007-04-22 17:47:44 · answer #1 · answered by msi_cord 7 · 1⤊ 0⤋
The double jeopardy law only applies to people found not guilty. Just like somebody can be tried again if there's a mistrial, I've heard of people being tried several times after several mistrials. Until you are actually put on trial and found not guilty, charges can be filed anytime, although it is rare for prosecuters to bring up charges after they've been dismissed, usually it only happens if some new evidence is discovered.
2007-04-23 00:50:32 · answer #2 · answered by highdesert420 2 · 0⤊ 0⤋
Double jeopardy refers to being convicted on the same charges, I believe. If I remember correctly, a dismissal pretty much nullifies the fact that you've been charged with something, so they can charge you again.
2007-04-23 00:45:08 · answer #3 · answered by daisyprincess78 4 · 0⤊ 0⤋