bonded out showed up for trail.plantiff didnt show up bond money being returned. can they reopen the case and if so can they put in a new warrant and new bond?
2007-12-18 06:39:39 · 5 answers · asked by RAMON G 1 in Politics & Government ➔ Law Enforcement & Police
Depends if the judge dismissed the case with or without prejudice. It is possible that it could be brought back to court if the prosecutor will bother with it. Is it likely? Well, we don't have all the facts. but more than likely, not.
On the flip side... people always have an excuse. But, you probably want to look at this as a lucky break, and get some anger management counseling. Or, the likelyhood that this will happen again is still there. If you don't change yourself, you will have a great chance of finding yourself in the same situation again - even with another person... I see it everyday.
2007-12-18 06:44:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I dont know which state your in, but MOST states do not drop the case for domestic violence if the plantiff or victim does not show up. You would still get your bond money back for showing up but I would make sure that the case has been dismissed and not moved to another date. Most DA's I know are very strict on not dropping domestic violence cases. The least they will settle for most of the time is anger classes just for being charged since the DA position is so political.
2007-12-18 06:44:54 · answer #2 · answered by withluv7 3 · 0⤊ 1⤋
Chances are your case was dismissed without prejudice because she did not show up on the trial date and the state could not go forward with the trial. Unfortunately, this means they can bring it back up again if she comes in and talks to the prosecutor. The prosecutor would have to seek to reopen the case, and you would have to be notified. Make sure the clerk of court has your current address on file on the case. That way if the case gets reopened and a new court date gets set, you will be notified. However, if she did not show up for trial, in my experience on these cases (I've dealt with hundreds), she will not show up later unless she was in the hospital or something. After a certain period of time (ask your lawyer, but in my state it is 90 days), you can go in to court and move to have the case changed from a dismissal without prejudice to a dismissal with prejudice. That way she cannot come back.
2007-12-18 07:38:26 · answer #3 · answered by Heather Mac 6 · 0⤊ 1⤋
No, because jeopardy has been attached. However, the DA can request a continuance and bring in the witness (the state is the plaintiff in criminal trials)
2007-12-18 06:44:46 · answer #4 · answered by davidmi711 7 · 0⤊ 0⤋
idon'tknow.iamnotan atterny, andidon't playone ontv.
2007-12-18 06:48:11 · answer #5 · answered by halfshaft 4 · 0⤊ 0⤋