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

UPDATED: Apr 1, 2012

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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


Alan Pransky / Law Office of Alan J Pransky

Answered 10 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.

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