from what a news paper states investigation still on going, from my understanding the complaintif is being investigated. can the accused be recharged if they were withdrawn/dropped?
2007-05-28 03:20:48 · 3 answers · asked by flowerlegz 3 in Politics & Government ➔ Law & Ethics
If they just stated that they charges were dropped, it is likely they can be reinstated. If they were dropped "with prejudice" it would indicate that these charges could not be reinstated. While the defendant could be charged with the same crime, it would need to come from new evidence and a new warrant.
Without prejudice simply means that there may not be enough merit, or evidence at the current time.
So to answer your question - yes - the accused could be recharged.
2007-05-28 03:32:09 · answer #1 · answered by webpager 3 · 0⤊ 0⤋
Yes.
You can't be TRIED for the same crime twice, but if police find new evidence to suggest someone they previously suspected had committed a crime they can be charged again.
However, the police would have to have a good reason to drop the charges in the first place, or whoever made the complaint against them may have decided not to bother continuing with the prosecution.
Also, just because you are cleared in a criminal court doesn't mean you can't be found liable in a civil court a la OJ Simpson.
2007-05-28 10:32:07 · answer #2 · answered by shazzawazza 2 · 0⤊ 0⤋
Yes, you can be charged again because no final judgment was reached.
2007-05-28 11:07:25 · answer #3 · answered by cyanne2ak 7 · 0⤊ 0⤋