Santa Cruz Criminal Defense Blog 2011 August When the Two Dismissal Rule Applies Previous Post | Next Post 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 Share Post
Santa Cruz Criminal Defense Blog 2011 August When the Two Dismissal Rule Applies Previous Post | Next Post 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 Share Post