Q: Is arresting someone twice on the same charge filed under different case numbers prosecutorial misconduct?
I was arrested last year for embezzlement of a motor vehicle (alleged overstay on a rental car), and I bonded out with an ankle monitor. While on bond, the DA decided to file charges a year later and issued a warrant for my arrest. They filed the case under a new number and I was re-arrested and had to bail out again. Isn’t this a form of malicious prosecution/ prosecutorial misconduct by way of financial restriction and unlawful detainment? I never violated the bond agreement to even be rearrested. I had a warrant issued under a new case number when I was out on bond simply because the DA decided they were ready to pursue charges. I brought the matter up to the judge and the judge seemed highly concerned about it too. He wants me to bring proof that it was initially filed under a different case number at my next court date. Is there cause for a dismissal or any potential remediation??
A:
In California, arresting someone twice on the same charge but under different case numbers can indeed raise concerns about prosecutorial misconduct. If you were initially arrested and bonded out, the subsequent re-arrest under a new case number without any violation of the bond agreement may indicate an issue with the handling of your case. It is important to bring all relevant documentation to your next court date, as the judge has expressed concern and requested proof of the initial filing.
You should present evidence of the original case number and any documentation that shows you were compliant with the terms of your bond. This can help the judge understand the situation and determine if the second arrest was justified or if it was an overreach by the prosecution. The fact that the judge is already concerned is a positive sign for your case.
There could be grounds for dismissal if it is proven that the second arrest was unnecessary and aimed at causing undue financial or emotional strain. Additionally, if prosecutorial misconduct is established, you might be entitled to some form of remediation. Consulting with your attorney and presenting all relevant documents will be crucial in addressing this matter effectively in court.
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