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  1. #1
    Join Date
    Jun 2008

    Default How Many Times Can the Prosecutor Refile a Case

    My husband was arrested in 2007 on a "drug" case and the case was dismissed in May of 2008 only to be refiled in June of 2008. How many times can a case be refiled in the State of California?

  2. #2

    Default Re: How Many Times Can You Refile a Case?

    Depends on the particular circumstances. Jeapordy does not attach until the jury is sworn in or either the first witness in a bench trial. You may have some speedy trial rights but those are waived if you do not object at the time the trial date is set.

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