Sunday, March 22, 2015

If motion to quash is granted, can the person be charged with the same crime at a later date? Or is it considered double jeopardy?

Question

If motion to quash is granted, can the person be charged with the same crime at a later date? Or is it considered double jeopardy?



Answer

Double jeopardy does not attach. The person could be charged again.



Answer

No. The dismissal would be without prejudice meaning that the charges could be refiled.



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