Can criminal charges be
re-filed in Utah after they have been dismissed by a judge?
Most often, when a criminal case is dismissed in Utah, it is over.
But there are circumstances in which you may face the
possibility of having charges re-filed against you.
Constitutional double jeopardy protections and due process
requirements often prevent prosecutors from re-filing charges. If your
case has been dismissed after a jury is empaneled but before a verdict
is reached, double jeopardy prevents re-filing. If your case
is dismissed after the first witness begins testifying in a jury trial,
double jeopardy protects you again. If your case was
dismissed after a prosecutor failed to demonstrate probable cause at a
preliminary hearing, due process protections can prohibit re-filing of
the charges.
If your case is dismissed because witnesses fail to appear at an
evidentiary hearing or at trial, the prosecutor may be allowed to
refile the case. If your case is dismissed as a result of a
plea bargain in another case, but you withdraw your plea in the other
case, the dismissed case will typically be reinstated.
Statutes of limitations can also act to prohibit re-filing.
If the case is dismissed after the original statute of
limitations has run, a prosecutor may be prevented from re-filing.
When facing criminal prosecution, an experienced
criminal defense attorney can
make all the difference.
Salt
Lake criminal defense lawyer Stephen Howard has a track
record that speaks for itself.
Contact us now to
schedule an initial consultation.
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