• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

pressing charges twice after case was dismissed

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TakenForGranted

Junior Member
What is the name of your state (only U.S. law)? ny

If someone's charges are dropped due to incorrect paperwork can they be re-charged with the crime later? (Harassment 2nd degree).
 


CdwJava

Senior Member
What is the name of your state (only U.S. law)? ny

If someone's charges are dropped due to incorrect paperwork can they be re-charged with the crime later? (Harassment 2nd degree).
In general, yes. "Dropped" is not the same as being dismissed by the court with prejudice. Typically the error is corrected and the matter refiled.

You got a temporary reprieve. If the state has a case, they'll bring it back.

- Carl
 

PMC the 1st

Junior Member
I'd agree with Carl's answer. This, BTW, is how wealthy people who have a clean record stay that way: they pay people to make errors like this.
I have seen it happen several times.
 

CdwJava

Senior Member
Are you actually saying that rich people will bribe a court clerk or some other court functionary to screw up the paperwork to delay proceedings?? Now, WHY would Mr. Rich guy risk further jail or prison time for bribery just so that he can delay his case for a couple of weeks??!

What an incredible waste of money - and great risk - that would be!!

- Carl
 

CourtClerk

Senior Member
Better yet, why would some not so rich court clerk (such as myself) risk my job, my livelihood, my pension, my integrity and my dignity for someone who may or may not pay me enough to sustain my life should I get caught and never be able to find another job...:confused:
 

PMC the 1st

Junior Member
Are you actually saying that rich people will bribe a court clerk or some other court functionary to screw up the paperwork to delay proceedings?? Now, WHY would Mr. Rich guy risk further jail or prison time for bribery just so that he can delay his case for a couple of weeks??!

What an incredible waste of money - and great risk - that would be!!

- Carl
I'm not saying I know how they did it (if I did, I'd be selling the secret on ebay or something. Not! :D ), all I'm saying is it was done. A man in jail who I knew to be a very wealthy businessman was able to get out of a serious drug charge. He orchestrated it from jail some how. A charge that would have netted a lengthy prison sentence and he was out in less than two weeks.
 

PMC the 1st

Junior Member
Better yet, why would some not so rich court clerk (such as myself) risk my job, my livelihood, my pension, my integrity and my dignity for someone who may or may not pay me enough to sustain my life should I get caught and never be able to find another job...:confused:
An excellent question. Perhaps you can come back as an anonymous poster with a dynamic IP address and tell us any experiences you may have had relating to the matter? We already know Mel Gibson had two prior DUI's, but was able to get out of them. How, how, how?!
 

CourtClerk

Senior Member
Sorry, I don't buy into people's ridiculous conspiracy theories. Perhaps you can find someone within the court system who does. I have a ton of coworkers I believe are idiots.
 

CavemanLawyer

Senior Member
When someone gets busted on a big case and it looks like serious prison time is inevitable, and they suddenly get off light its usually because they either become an informant or turned states evidence and agreed to testify. Yes this is in essence buying your way out of trouble but it has nothing to do with how rich you are, just what you know. I've seen the poorest crackheads buy their way out of prison by becoming CI's. And there is no way the public is going to know about the confidential agreement that defendant made with the police or the prosecution. This scenario is about 1000 times more likely than someone bribing everyone involved in the process.

As for Mel Gibson, I don't know what you are talking about. He didn't get out of either of his DWIs. He plead to both of them. The first one was in Canada, which is notoriously light on punishment across the board, and he was just fined. On his second DWI (which was really just his first DWI as far as California was concerned) he was sentenced to 3 years probation with extensive conditions including outpatient treatment. That is not all that light of a sentence at all. That is actually much harsher than the standard offer on a DWI 2nd in all the counties in my area.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top