How many times can a case be refiled?

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How many times can a case be refiled?

I have a felony embezzlement case filed against me and it has been dismissed twice. The second time I was on the way to court and they called and said it was dismissed but they planned on refiling in district court. They have no evidence that I did anything wrong. What should I do and is there a limit to how many times this can be filed?

Asked on January 15, 2016 under Criminal Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no hard and fast limit on how often they can refile if the case was not adjudicated "on the merits" (that is, as to whether you were guilty or not) but rather has been dismissed on purely procedural or technical grounds, or due to unavailability of witnesses or an attorney's (e.g. the prosecutor's) illness or personal emergency. At some point, it may be viewed as abusive and a court may order them (if a motion is brought) to either finally try the case or give up.


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