Legal Question in Criminal Law in Wyoming
stealing
I was just wondering once a court ''dismisses'' a citation can they refile it to an upper court and use the same charge?
Asked on 7/04/03, 12:30 am
1 Answer from Attorneys
Thomas Lubnau
Lubnau Law Office, P.C.
Re: stealing
It depends upon if Jeopardy has attached. If you've been tried and acquitted, then the answer is no.
If no hearing or trial has been had, and you have not testified, then the answer is yes.
If the proceedings stopped somewhere in the middle, then the area gets a little gray.
Answered on 7/04/03, 1:59 am
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