San Francisco, CA asked in Criminal Law for California

Q: Case dismissed twice pc 1385 in 2015 and again under motion 995 not swearing a juror in . Can this case be refiled again

Dismissed three times (2)pc1385 lack of prosecution then true indictment in 2015 (1) motion 995 won - juror not sworn in can it be refiled a fourth time?

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: the best person to ask is the lawyer involved with the underlying case.

are you sure it was a 1385 dismissal rather than 1382 for lack of timely prosecution?

James L. Arrasmith
James L. Arrasmith PRO label
  • Sacramento, CA
  • Licensed in California

A: It is possible for a case to be refiled after it has been dismissed, but it will depend on the specific circumstances of your case and the reasons for the dismissals.

Under California law, a case can be dismissed for various reasons, including lack of prosecution or a successful motion to dismiss under PC 1385 or PC 995. If a case is dismissed under one of these provisions, the prosecution may be barred from refiling the charges if the dismissal was based on certain grounds, such as a violation of the defendant's rights or lack of sufficient evidence.

However, if the dismissal was not based on one of these grounds, then the prosecution may be able to refile the case, especially if new evidence or information comes to light. In general, the decision to refile a case will be up to the prosecutor's discretion.

If your case has been dismissed multiple times, it may be helpful to consult with a criminal defense attorney who can review the specific circumstances of your case and advise you on your legal rights and options. They can help you understand the potential consequences of a new filing and develop a strategy to protect your rights and interests.

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