Legal Question in Civil Litigation in Pennsylvania

refileing charges

when a police officer offically drops charges against a defendent can they charge them again with the same charges at a later date?


Asked on 7/16/02, 5:17 pm

2 Answers from Attorneys

William L. McLaughlin, Jr. McLaughlin Law Offices

Re: refileing charges

Yes. Jeopardy attaches only after an actual

trial begins, either with the empanaling of

a jury or in the case of a bench (judge only) trial

when the first witness is sworn in. Before those

events, the police or the district attorney can

drop a case and then pick it up later, especially if

they obtain better evidence. After jeopardy attaches,

the prosecution must take the case forward and if

for some reason cause the prosecution to be stopped,

the constitution (State and Federal) prevents the

state from putting the defendant through another

prosecution and trial. (Please note that this is

a simplified explanation that has many variations)

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Answered on 7/17/02, 7:47 am
Scott Diamond DIAMONDLAWYER

Re: refileing charges

It depends. If new evidence is uncovered, they can

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Answered on 7/17/02, 10:41 am


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