Can I be charged again, even when the case was dismissed at arraignment?

By , Attorney · Santa Clara University School of Law

Question

Can I be charged again, even when the case was dismissed at arraignment?

Answer

The double jeopardy rule against being tried twice for the same crime protects defendants from being tried twice on the same charges.

But as long as the statute of limitations (the period of time within which a case can be filed following a crime) has not run out, the police can rearrest defendants whose cases have been dismissed at arraignment. Defendants are not considered to be "in jeopardy" for purposes of the double jeopardy rule until the trial actually begins. Dismissal followed by rearrest can be expensive—a defendant may have to obtain a second bail bond and pay a second fee.

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