If I sold cigarettes to a minor and it was dismissed but now they’re recharging me, can they do that?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I sold cigarettes to a minor and it was dismissed but now they’re recharging me, can they do that?

About 4 months ago I sold cigarettes to a minor. I checked her ID and should have put the birthday in the computer, however I had just got there and wasn’t with it just yet. It was a sting. I had court and apparently it wasn’t filled correctly. When I got to the states attorney he couldn’t find it on file so he, the states attorney, dismissed my case. Now they recharged me and I have court in 2 weeks.They told me that it may have been dismissed but because it was a clerical error they have the right. Is that legal? Isn’t it considered double jeopardy?

Asked on April 1, 2012 under Criminal Law, Illinois

Answers:

Alan Pransky / Law Office of Alan J Pransky

Answered 9 years ago | Contributor

There are two ways of dismissing a case before trial.  One is with pejudice and the other is without prejudice.  If the case was dismissed with prejudice, they can't bring charges again.  If the case was dismissed without prejudice, then they can bring charges.  Prejudice also occurs if a case is brought to trial and dismissed after either a jury is empanelled or a witness starts to give testimony.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption