Many people have ask about court today. Some people said charges were dismissed. Well that is wrong. The case was dismissed, which means the government can refile the charges. attached is an explaniation of that. A dismissal in a criminal prosecution is a decision of a court, which has exercised its discretion prior to trial or before a verdict is reached, that terminates the proceedings against the defendant. The procedure by which dismissals in state and federal criminal actions are obtained are governed, respectively, by the state and federal rules of Criminal Procedure. In criminal prosecutions, delay often prejudices the defendants rights because of the greater likelihood that evidence would be lost or memories or events would not be recalled easily. The possibility of dismissal ensures the prompt government prosecution of individuals accused of criminal activity. The legal effect of a dismissal in a criminal prosecution is dependent upon the type that is granted by the court. Dismissal with Prejudice A dismissal with prejudice bars the government from prosecuting the accused on the same charge at a later date. The defendant cannot subsequently be reindicted because of the constitutional guarantee against Double Jeopardy. A dismissal with prejudice is made in response to a motion to the court by the defendant or by the court sua sponte. The charges will be refied with additional counts.
Posted on: Tue, 16 Sep 2014 18:33:30 +0000
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