Help am i being wronged?

[andoiscool]

What is the name of your state?I live in Pittsburgh, PA. I was dismissed of all charges on a DUI, Gun charges, and simple assault today. The arresting officer and also the victim didn't show for my preliminary trial. the DA told my lawyer that they can dismiss all charges. My lawyer decided it was OK and my charges were dismissed. My Lawyer and the DA stated with this dismissal, the aressting officer can re-file the charges and I will be back at square one, Warrant for my arrest, reprocessing and Re-Post of Bail. then Back to Preliminary trial. Can this be and is this legal? I thought once charges are dropped the prosecution and accusee's cannot re-file. Is there not and boundries?

 

[seniorjudge]

You cannot be charged twice with the same crime. This is called double jeopardy.

Jeopardy does not attach (very generally) until after the first witness for the government starts testifying. Jeopardy had not attached in your case.

So, what they are saying is true.

If I were the prosecutor (and I have been) and the arresting officer and witness had not shown up in compliance to a subpoena, I would quickly lose interest in re-filing the case.

If you need to read further on this arcane subject, Google united states constitution fifth amendment double jeopardy

 

[OhioLaw]

this is not double jeopardy

What is the name of your state?I live in Pittsburgh, PA. I was dismissed of all charges on a DUI, Gun charges, and simple assault today. The arresting officer and also the victim didn't show for my preliminary trial. the DA told my lawyer that they can dismiss all charges. My lawyer decided it was OK and my charges were dismissed. My Lawyer and the DA stated with this dismissal, the aressting officer can re-file the charges and I will be back at square one, Warrant for my arrest, reprocessing and Re-Post of Bail. then Back to Preliminary trial. Can this be and is this legal? I thought once charges are dropped the prosecution and accusee's cannot re-file. Is there not and boundries?

Double Jeopardy only applies if the Judge dismisses the case (with prejudice) or the court finds you not guilty. (Judge or Jury) If an officer makes a mistake on a ticket for example, the case can be dismissed and refilled correctly. Understand that an attorney's oath although 1st to the court is also to you and he/she must advise on what is in your best interest.
So, yes it is legal for charges to be refiled.

 

[Alchohol_Free]

The political response

Senior Judge has answered the legal issues, so I'll address the political side of this. Keep in mind that your case includes a DUI. And DUI is purley political.

Are you being wronged? Yes you are and your constitutional rights are being violated. If a case is dismissed there should be no recourse for finagling a re filiing of the charges. That alone should qualify as double jeopardy, but your DUI charge changes everything. Since your attorney supported the opprotunity to refile the charges, you can see that he represents the State not you. He was under a legal obligation to request dropping the charges not because he wanted to. Your case includes a DUI charge. Unfortunately, that opens the door for a whoooo lotta finagling to get you recharged because DUI is treated differently from any other crime.

Don't be suprized if you're back in court on this. Good Luck

 

[LawGirl10]

Senior Judge has answered the legal issues, so I'll address the political side of this. Keep in mind that your case includes a DUI. And DUI is purley political.

Are you being wronged? Yes you are and your constitutional rights are being violated. If a case is dismissed there should be no recourse for finagling a re filiing of the charges. That alone should qualify as double jeopardy, but your DUI charge changes everything. Since your attorney supported the opprotunity to refile the charges, you can see that he represents the State not you. He was under a legal obligation to request dropping the charges not because he wanted to. Your case includes a DUI charge. Unfortunately, that opens the door for a whoooo lotta finagling to get you recharged because DUI is treated differently from any other crime.

Don't be suprized if you're back in court on this. Good Luck

I'd be interested in hearing your explanation for your statement about the OP's "constitutional rights being violated."

 

[JOHN BUCKNER]

How does a DUI charge become "purley Political"??? I guess the same way his constitutional rights are being violated.

A person may appear on the same charges depending on whether the Judge dismissed the same charges ( Depending on with or without PREJUDICE.)

Not Advice. For What it's Worth. Patrolman/J. Buckner