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.

You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....
Strategy
»

In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....
Consequences
»

Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....
Reasons to Hope
»