Can charges be dismissed and then re-filed?

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Can charges be dismissed and then re-filed?

I was arrested, held for 4 days, and released because no charges were dropped (Wanton Disregard). Now they filed 20 days later. I havea court date. The DA offered me 3 years for the high-speed which resulted in an accident to where I crashed into a tree. Should I speak with a criminal defense attorney? In Stockton, CA.

Asked on February 23, 2011 under Criminal Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should speak with a criminal defense attorney anyway when you are being criminally charged, because such charges cannot not only impact your job and future career, but depending on the type of violation, your credit can be harmed and you could lose your drivers license permanently. This is not an issue of double jeopardy because you have yet to be charged and tried. If the D.A. did not have enough initial evidence or was waiting for test results to come in, you could only be held for a very short period of time. No probable cause, no arrest. Now, it appears the prosecutor has enough probable cause to have been able to file charges against you and offer you a plea deal.  Talk to a lawyer. If you don't have a criminal record, it is better to see if you can get away with an alternative conviction (offered in almost all courts nowadays) to allow you to stay good for a certain period of time and then be able to have it wiped from your record (almost like an expungement).


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