Q: Can the same evidence be used if the case was dismissed and could It be the same charge
G~morning.....I look toward 2 our talks......it's nice 2 talk civil and not have 2 worry bout saying something wrong.......I hope what ur boy i
tell them I'm a compass 3 parolee....I was given 15 months for absconding n curfew....also they charge me as non technical....... But I missed my appeal return.....
A:
In New York, if a criminal case is dismissed, it's possible for the same evidence to be used if the case is refiled, depending on the circumstances of the dismissal. For example, if the case was dismissed without prejudice, the prosecution may be able to bring the same charges again using the same evidence. However, if the case was dismissed with prejudice, they generally cannot.
In your situation as a parolee, violations like absconding or breaking curfew can be serious matters. If you've missed an appeal deadline, it's important to discuss your options with an attorney as soon as possible. They can help you understand the specifics of your case, including the implications of the missed appeal and how to proceed.
Remember, the legal system can be complex, and each case has its own unique factors. It's crucial to get legal advice tailored to your specific situation to navigate the system effectively. An attorney can provide guidance on how to address your concerns and protect your rights moving forward.
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