criminal law procedure

If a charge was dismissed in probable cause hearing can it still be indicted?Would that fall under double jeopardy?Whats the difference between a charge and an indictment?

Asked on June 15, 2009 under Criminal Law, North Carolina

Answers:

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

Answered 11 years ago | Contributor

It's possible that an indictment could still be brought, if the statute of limitations has not run out. This may also depend on the detailed facts of the case, because the law and procedure on this point can vary a bit from one state to another.  For advice you can rely on, based on all of the facts and the law of your state, you need to talk to a criminal lawyer in your area.  One place to find an attorney is http://www.thelisteningcenter.com/

In most places, a dismissal like this isn't considered equivalent to a trial, so you haven't been "in jeopardy" for constitutional purposes.  Even a full trial, if it ends in a mistrial (which can happen for a number of reasons, including a "hung jury"), doesn't prevent a new trial.


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