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Santa Cruz Criminal Defense Blog 2011 August When the Two Dismissal Rule Applies
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When the Two Dismissal Rule Applies

Posted By Christine McGuire || 8-Aug-2011

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.
Categories: Criminal Defense, Domestic Violence, Driving Under the Influence, Drug Abuse, DUI, DUI with Injury, Expungement, Felony, Intellectual Property Crimes, Juvenile, Misdemeanor, Murder, Restraining Orders, Sex Crimes, Vehicular Manslaughter

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The McGuire Law Office
The McGuire Law Office
San Jose Criminal Defense Lawyer

Campbell Office
900 E Hamilton Ave, Suite 100
Campbell, CA 95008

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