If one is exonerated by a court for a charge, can another court pick up the case and file charges?

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If one is exonerated by a court for a charge, can another court pick up the case and file charges?

Was exonerated without prejudice in a
city court, county court has issued a
warrant on same charges after the fact.
State of Montana.

Asked on January 30, 2019 under Criminal Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, because a "without prejudice" dismissal of the counts or charges against you is NOT an "exoneration"--it is not a finding that you are not guilty. Rather, the case was dismissed for some other reason, such as (possibly) that the city/municipal prosecutor felt that this was better handled at the county level. A "without prejudice" dismissal allows re-filing, but the same or a different prosecutor's office.


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