My son was just dismissed of 2 firearm charges, poss. w/ intent coke charge, a felony escape and 2 misdemeanors. Two weeks ago his lawyer sent him a letter telling him that the commonwealth was going to re-indict him of the charges and I was under the impression that the only way they can do so is if they nolle prosq. the charges. Is that correct or can they still re-indict him after dismissing his charges in the pre-liminary hearing?
1 Answer from Attorneys
No, it is not correct; the grand jury is free to
bring a new indictment whether or not previous charges have been subject to nolle prosequi or
otherwise disposed of. You apparently have your
"theys" mixed up, meaning that if your son's charges were dismissed in a preliminary hearing,
that most likely was the action of a general district court judge after being requested by the prosecutor to do so and who in no way was involved
with the subsequent action of the prosecutor who apparently decided to go back before the grand jury to present the case again for their consideration and to have a new indictment handed up.
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