Can a person be charged with the same crime twice?
My son was charged with a DUI on July 7. 2007. He had a outstand warrant in another county for a separate DUI charged. He was made to pay the fine for the outstanding warrant charges. Case dismissed. The bond money for the 07-07-2007 charge was returned less the fee, The case was dismisse? The impoundment money has not yet been refunded, Now my son is going to court on the same charges of 07-0-2007 again'' Is this legal. There have been 4 continoious on this case to date. Is this a Felony case?
2 Answers from Attorneys
Re: Can a person be charged with the same crime twice?
The short answer is yes. In the event that the manner he was charged did not have what lawyers call "jeopardy attached", the state is able to recharge someone with the same crime.
Re: Can a person be charged with the same crime twice?
It is not clear from your facts what took place, but I can assume from my experience that he was charged with a Felony DUI, went to a preliminary hearing and since the cop didn't show up the state dismissed the case and then he was indicted. Call me if you want to discuss.
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