Mesa, AZ asked in Criminal Law for Arizona

Q: I was chrged twice on the same issue. First, it was dismissed, only to be refiled . Isnt that double jeopardy?

Prob. Revocation hearing that originally was set for 6/21 till 7/30 authorized motion 8.4 and 8.5 criminal procedure, not to exceed 30 days. Andit has, so now what?

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2 Lawyer Answers

Matthew Maerowitz

PREMIUM
Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: It depends how the charges were dismissed. The same charges can get refiled if the dismissal was WITHOUT prejudice. If it was WITH prejudice, then charges may be refiled so long as they comply with the applicable statute of limitations (time limit for filing). I am a bit confused by your description of the probation revocation hearing. Rule 8 motions deal with right to a speedy trial and exclusion of time, but that doesn't seem applicable here.

I recommend consulting an attorney to discuss.

Matthew Maerowitz

PREMIUM
Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Sorry please ignore the last answer, it posted prematurely with typos that make the answer incorrect. The answer should be instead:

It depends how the charges were dismissed. The same charges can get refiled if the dismissal was WITHOUT prejudice

so long as the State complies with the applicable statute of limitations (time limit for filing).

If it was WITH prejudice, then charges may NOT be refiled.

I am a bit confused by your description of the probation revocation hearing. Rule 8 motions deal with right to a speedy trial and exclusion of time, but that doesn't seem applicable here.

I recommend consulting an attorney to discuss.

Zachary Divelbiss agrees with this answer

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