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.