Can they refile these charges?

[julie3n1]

What is the name of your state? What is the name of your state? Indiana
Three years ago I confessed to my employer that I had taken money. I turned self in. Never in trouble before, nor after. 8 mos later I was summoned to court. During initial I told judge I wanted to plead. Proscutor gave me their "card". Contacted prosecutor and told them the $ amount they showed was way too much, but I would plead guilty - could they make misdemeanor? No. I said I would then look over evidence - didn't want to plead to more $ than I took if pleading guilty to felony. Their evidence was terrible. Asked for bench trial - received. Tried to plead guilty next court date. Prosecutor filed to dismiss with prejudice. 5 mos later there was an arrest warrant with 3 felonies - turned self in. Assigned public defender.
We requested the exact evidence that would show what I took.
Amount way less than what Prosecutor saying. Prosecutor offered plea agreement using $ that is not even close to evidence.
I refused. Asked for bench trial again. It is set for 7/02. It will have been three years since I admitted to employer what I did.
Prosector amended charges recently. Filed 18 felony charges!
(Evidence shows I took approx. $10,000 over 18 mos.) At initial for the amended charges, I waived and told court I was set for bench trial. This is unbelievable. Everyone knows I want to plead guilty and pay money back. My question: Should the Prosecutor's office have been allowed to refile upon dismissing the first time around? Charge was the same: theft.

 

[Doubting Thomas]

Probably, YES

Assuming your lawyer knows the history of the case, the DA probably acted within the law. Any lawyer would know to raise a claim that bars the re-prosecution. YES - even a "public defender" most of whom know more about the criminal law, process and courts than the civil lawyers who only practice there only occassionally or part-time.

Different states have different rules but in Massachusetts a "dismissal with prejudice" at the district court level (the lower trial court) will not prevent the DA from seeking an indictment in Superior Court (the higher trial court) - absent rare circumstances irrelevant to your facts.

Where it sounds like your case has gotten more serious - more counts, etc. - probably your state is similar to Massachusetts.

But why not raise this reasonable question with your lawyer? Were you afraid to ask or did your lawyer just brush you off or did you not believe him or her?

 

[julie3n1]

Why 18 charges?

He has pretty much brushed me off regarding that particular question, which probably means the prosecutor is within their rights. It's not that I don't trust my atty., but he is as sick of this case as anyone. He wanted me to do a plea agreement with the dollar amount that the prosecutor offered, which is 2 1/2 times the actual amount shown in evidence. Why would he want me to do that, unless he is just tired of the case, too. My atty. knows what the evidence shows, and my atty. knows that this is all there is. He did say that if this goes in front of the judge, the judge will be mad at everyone, due to the paperwork and difficulty to understand.

This case has turned into such a circus. I'm sure some would find it hard to believe, but I really did turn myself in. I really am trying to plead guilty. I believe it is in my best interest to have a bench trial at this point. Actual evidence will be reviewed, and judge will be fair to everyone. It's just that I can't seem to get this behind me. State has continued trial date once already, and I find it hard to believe that they will go in front of the judge with 18 additional charges with the actual evidence. And the evidence will never change.

I believe that it is to "encourage" me to accept a plea agreement, but I will not accept one that reflects more money than I actually took. Perhaps they were filed to encourage the judge to consider this as more serious of a crime. I really can't imagine
that they actually filed that many charges this far down the road.
She charged one felony for every month in question. Not even every month I took money, but every month in question. Why would she do that?