Legal Question in Criminal Law in California

Motion on a refile

My question is that i've been charged with commercial burglary,been fighting it for 9 monthes now! then the D.A. drops the charges, then 5 days later refiles petty theift with a prior charges! so question being is there a motion or something that can be done about this??????

Asked on 1/25/01, 10:20 am

3 Answers from Attorneys

Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: Motion on a refile

Hello, I am sorry to hear about your situation. Since the burglary charge was dropped voluntarily by the DA there was no final determination. Thus, the DA is allowed to re-file a new charge against you. There is no double jeopardy consideration. Unfortunately, you must now defend yourself on the petty theft charges. Call us at 1-800-327-4652 for a free consultation. We will be able to help you resolve this.

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Answered on 3/08/01, 11:47 am
Victor Hobbs Victor E. Hobbs

Re: Motion on a refile

Your inquiry implies but doesn't tell me whether the new charge is based on the same facts or occurrence as the other charge(s) that was dropped. Assuming it was, the refiling wasn't in violation of any statute. But the law on that needs to be reviewed if the original filing was a felony.

There was a motion if the D. A. waits too long to file or notify a criminal defendant of a pending case. And the defense of that case has been severly compromised by the D. A's inactivity, i.e., could have filed or notified earlier but the delay was arbitrary and capricious, causes sever damage to the ability to defend the case, i.e., death of a witness, evidence destroyed, etc. Criminal motions in California are usually referred to by a Case Name or Penal Code Section. So you should ask your lawyer to research the matter. Motions are relatively easy to put together and therefor inexpensive. Good luck.

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Answered on 3/08/01, 12:16 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: Motion on a refile

I've read Mr. Hobbs' and Mr. Sower's responses and I submit there are other reasonable answers. A great deal more than you've told us here must be known to accurately determine the best solution for you. I suggest you have a consultation with your lawyer or another criminal lawyer in your area (a second opinion). Many criminal lawyers give these consultations for free. If your case is in Los Angeles, feel free to call me: 310 393 0639

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Answered on 3/08/01, 12:27 pm

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