Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
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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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  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • Utah Expungement Attorney Expungement - Worked to restore client's expungement eligibility through 402 reduction process, then filed successful expungement petitions in multiple courts obtaining expungement orders and clearing client's official criminal history.
  • Violent Crimes Assalt Defense UtahProbation - Client charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

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