Can charges be refile if they were already dismissed?

I was charged with 5 counts of receiving stolen property & poss. of a controlled sub. I went to court and the charges were dismissed because the arresting officers didn’t show up. I just got a letter in the mail saying that I have to go back to court for the same charges. Can they refile the charges because the officers didn’t show up?

Asked on June 16, 2009 under Criminal Law, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Probably.  Double jeopardy doesn't become a problem, usually, until you're tried for a crime, and that didn't happen here.

These are serious charges. You should have an attorney defending you on them, and he or she can explain the double jeopardy issue in more detail, if you ask, and give you reliable advice based on all of the facts of your case.  One place to find a qualified criminal defense lawyer is our website, http://attorneypages.com


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