can i reopen the criminal case which is withdrawn by me

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can i reopen the criminal case which is withdrawn by me

Asked on July 6, 2009 under Criminal Law, Indiana

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

I don't know whether that would be allowed, since I don't practice in Indiana.  But in most states, even if you can re-file a criminal complaint, you'll run into credibility problems, which can make it very hard to prove guilt beyond a reasonable doubt.

You should talk to a lawyer about this, before going ahead.  You need to discuss the detailed facts of your case, for reliable advice;  you may also risk being sued for malicious prosecution if you lose.


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