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  1. 06-27-2009, 09:17 PM #1
    puppetjr
    puppetjr is offline Member
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    Default Can the D.A. Appeal a Judge's Ruling to Dismiss

    At a hearing, charges were dismissed against me after a legal argument and motion by my attorney before trial started - can the state attorney appeal the judge's ruling if he feel the judge was incorrect? I'm in FL.
  2. 06-27-2009, 10:26 PM #2
    jk
    jk is offline Senior Member
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    Default Re: Can Da Appeal Judge's Ruling to Dismiss

    sure and if it is not overturned on appeal, if the charges were not dismissed with prejudice, the DA can refile the charges.

    so, why did they dismiss the charges?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.
  3. 06-28-2009, 11:13 AM #3
    puppetjr
    puppetjr is offline Member
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    Default Re: Can Da Appeal Judge's Ruling to Dismiss

    The argument was over "materiality" of the evidence.
  4. 06-28-2009, 01:08 PM #4
    jk
    jk is offline Senior Member
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    Default Re: Can Da Appeal Judge's Ruling to Dismiss

    I would think that would be an appealable decision if the DA can find support for his position and is not merely arguing off the cuff.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.
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