Where a case gets tried at

[swagers2331]

What is the name of your state (only U.S. law)? Kentucky

I was wanting to know if a case is dismissed without prejudice because of insufficient evidence and then picked up by federal but determined to have insufficient evidence as well there, if state can pick it back up and pursue with trial? When the defendant has been sentenced to probation for 21 months over the same charge and has to check in twice monthly can it continue to trial after that has been served?

 

[Zigner]

This is a great question for the person's attorney to answer...

Not a bunch of strangers on the internet...

 

[FlyingRon]

Given the absolute minimum amount of information provided, I would suspect that if the case was dismissed without prejudice at the state level it is still prosecutable (until the statute of limitations runs) at the state level.

What was "picked up by federal" mean? If it means they investigated bringing a federal charge but stopped before the actual trial, then there's nothing that would preclude further prosecution by either the state or feds.

 

[dave33]

What is the name of your state (only U.S. law)? Kentucky

I was wanting to know if a case is dismissed without prejudice because of insufficient evidence and then picked up by federal but determined to have insufficient evidence as well there, if state can pick it back up and pursue with trial? When the defendant has been sentenced to probation for 21 months over the same charge and has to check in twice monthly can it continue to trial after that has been served?

Kentucky must be very strange... Sentenced to 21 months probation for a dismissed charge does not make sense to me.