Confused

[Sa1tedConfusion]

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

Hey, is it common practice in Arizona that if the city dismisses a case because they do not have substantial evidence they can pass it down to the county??

Is that common practice in any other state????

 

[The Occultist]

How about this: tell us what your specific situation is.

 

[BOR]

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

Hey, is it common practice in Arizona that if the city dismisses a case because they do not have substantial evidence they can pass it down to the county??

Is that common practice in any other state????

If you are talking abut a Municipal ordinance, the state can not prosecute it.

Many municipal laws are patterned after state laws though. So say it is littering, both can have laws against it. If a city decides not to prosecute under city law, it is unlikley the state will pick up any charge under state law.

NOW, if a city prosecuted, whether the person was found guilty or not, then the state could NOT also charge under the parallel state law, or vice versa, as they are the "same sovereign" for double jeopardy purposes.

 

[Sa1tedConfusion]

I guess what is going on with my buddy is: he was summoned to court after 5 months. they (the city) sent him a letter saying that the case was dismissed at the city level and was then handed down to the county level to see if it met the criteria to be a felony. So looks like my question is answered... They can do that.

I haven't asked my friend what he did. It is none of my business and he can tell me if he wanted too..

 

[BOR]

I guess what is going on with my buddy is: he was summoned to court after 5 months. they (the city) sent him a letter saying that the case was dismissed at the city level and was then handed down to the county level to see if it met the criteria to be a felony. So looks like my question is answered... They can do that.

I haven't asked my friend what he did. It is none of my business and he can tell me if he wanted too..

In this case, the potential charge is a felony then, as cities can not pass nor prosecute them, it is a state/subdivision matter.

 

[Sa1tedConfusion]

Subdivision? As in the county?

 

[BOR]

Subdivision? As in the county?

As in the County, yes!

 

[The Occultist]

Counties hold many cities. A county cannot possibly be a subdivision of a city. I think you're confused here. Please clear up whatever is going on and get back to us.