When the Two Dismissal Rule Applies
The dismissal of a case pursuant to Penal Code Section 995 terminates the criminal action. Thus, when charges are refiled by the prosecutor after a Section 995 dismissal, the refiled charges constitute a new action. In this case the defendant may challenge a judge whom he or she did not challenge in the earlier action. When a felony or misdemeanor charged together with a felony has been twice dismissed those dismissals are a bar to any other prosecutions One dismissal of a misdemeanor not charged together with a felony is a bar to any other prosecution of that misdemeanor. If an information has been dismissed once, a dismissal at the second preliminary examination is a second dismissal. If you are arrested or charged with a misdemeanor or felony contact the Santa Cruz Criminal Defense Attorney Christine McGuire, a former 30 year prosecutor. Also a Santa Clara County Criminal Defense Attorney.
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