Double Jeopardy?

[mgmkitty]

What is the name of your state? California

A friend of mine was arrested and charged with grand theft last December. He was not interviewed, and was not even told until the next day what he was being charged with. He spent 1 night in jail, and was released. He was told the charges were dropped, and received a letter saying he was not arrested, he was only detained. There were so many things done wrong by the man who filed the charges, I can't even list them all.
He just received a letter in the mail from the courts saying he has an office hearing. He is very confused as to what this is about, as he was under the impression the charges were dropped, and hasn't heard a word about this since December.
I'm sure it isn't "Double Jeopardy", but can he be charged with the same thing twice?
Is there anything he can do to prepare?
Please help.

 

[JETX]

"I'm sure it isn't "Double Jeopardy", but can he be charged with the same thing twice?"
*** Yes.

"Is there anything he can do to prepare?"
*** First step should be to hire an attorney.

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

A friend of mine was arrested and charged with grand theft last December. He was not interviewed, and was not even told until the next day what he was being charged with. He spent 1 night in jail, and was released. He was told the charges were dropped, and received a letter saying he was not arrested, he was only detained. There were so many things done wrong by the man who filed the charges, I can't even list them all.
He just received a letter in the mail from the courts saying he has an office hearing. He is very confused as to what this is about, as he was under the impression the charges were dropped, and hasn't heard a word about this since December.
I'm sure it isn't "Double Jeopardy", but can he be charged with the same thing twice?
Is there anything he can do to prepare?
Please help.

My response:

You're right - - this isn't "Double Jeopardy", for reasons not cogent to the issue of your post. What is cogent, however, is being charged twice for the same crime; and, to that, your friend can be.

In the typical scenario, the DA charges the accused with a crime, called an "Information". But then, usually due to "insufficient evidence", or lack of witnesses, or whatever reason, dismisses the "Information" and releases the accused.

However, the DA still can "re-charge" or refile the "Information" upon later discovery of sufficient evidence - - as long as it's done within the applicable Statute of Limitations.

IAAL