If I was arrested and released with out prejudice, can the property that was taken from me on my initial arrest be used against me in a new charge?

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If I was arrested and released with out prejudice, can the property that was taken from me on my initial arrest be used against me in a new charge?

I was arrested for possession with intent to deliver, released without prejudice. Now there are new charges against me for conspiring to possesse with intent to deliver. The officers are using the same evidence gathered from my initial arrest against me is that possible?

Asked on March 25, 2012 under Criminal Law, Wisconsin

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Were you released from custody with no criminal charges being filed?, or was your criminal case "dismissed without prejudice"?. If the case was dismissed without prejudice, then the prosecutor can re-file the original charges or different charges with the original evidence that was confiscated. This happens quite often, and because the original case against you was dismissed without prejudice, the law allows the State or local prosecutor to re-file charges because you suffered no harm or prejudice due to the dismissal. 


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