How many times can a case be refiled?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How many times can a case be refiled?

I have a felony embezzlement case filed against me and it has been dismissed twice. The second time I was on the way to court and they called and said it was dismissed but they planned on refiling in district court. They have no evidence that I did anything wrong. What should I do and is there a limit to how many times this can be filed?

Asked on January 15, 2016 under Criminal Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is no hard and fast limit on how often they can refile if the case was not adjudicated "on the merits" (that is, as to whether you were guilty or not) but rather has been dismissed on purely procedural or technical grounds, or due to unavailability of witnesses or an attorney's (e.g. the prosecutor's) illness or personal emergency. At some point, it may be viewed as abusive and a court may order them (if a motion is brought) to either finally try the case or give up.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption