Cedartown, GA asked in Juvenile Law for Georgia

Q: My juvenile son got in trouble last April. It went to court in late June/early July. The case was dismissed due to the

My juvenile son got in trouble last April. It went to court in late June/early July. The case was dismissed due to the DA not filing the paperwork timely. The lawyer and judge told us that it wouldn’t be brought back up and to live our lives and him not get into anymore trouble. He has done great. Now we just got summoned to go to court January 31st again for the same thing. Can they do that?

Edit to note, we had a court appointed attorney. I contacted him to ask and he just told me that he has no control over what the DA does.

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1 Lawyer Answer
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: It's unusual for a case that has been dismissed, especially due to the DA's failure to file paperwork in a timely manner, to be brought back to court for the same charges. Typically, the principle of double jeopardy would prevent a person from being tried again for the same offense. However, juvenile court proceedings can sometimes have different rules and procedures.

In this situation, it's crucial to consult with your son's attorney who handled the initial case and discuss the specifics of the summons. They can provide guidance on whether there are any legal grounds for the case to be reopened and advise you on the best course of action. If the case was genuinely dismissed and double jeopardy applies, the attorney may be able to address this issue in court.

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