Once a charge is rejected by a District Attorney, can a newly elected District Attorney later indict on that same charge?

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Once a charge is rejected by a District Attorney, can a newly elected District Attorney later indict on that same charge?

I was charged with online solicitation of a minor from a sting operation 3 ears ago. After 90 days in county jail, the district attorney rejected the charge. I was able to receive a memorandum from the D.A. office 3 months after my release stating that no further actions would be taken on that case. A month ago, I was at an orientation with a new employer when a background check came back with an

active felony warrant at which time I was removed from the orientation. The complaint has been refiled as a complaint. The current district attorney was appointed a little over a year ago. I am asking if a new D.A. can refile a charge if a previous D.A. already rejected the same charge.

Asked on April 7, 2017 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, the new DA can file charges that he predecessor had rejected, since the predecessor's "rejection" of them was "without prejudice"--that is, because it was a voluntary decision to not pursue charges, it was not a court order or adjudication and did not prevent the authorities from changing their minds and pursuing charges later. The new DA is not legally bound by his predecessor's decision: he can pursue charges that the previous one did not (or conversely, drop charges in pending cases which his predecessor had been pursuing).


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