Once a charge is rejected by a District Attorney, can a newly elected District Attorney later indict on that same charge?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Once a charge is rejected by a District Attorney, can a newly elected District Attorney later indict on that same charge?
I was charged with online solicitation of a minor from a sting operation 3 ears ago. After 90 days in county jail, the district attorney rejected the charge. I was able to receive a memorandum from the D.A. office 3 months after my release stating that no further actions would be taken on that case. A month ago, I was at an orientation with a new employer when a background check came back with an
active felony warrant at which time I was removed from the orientation. The complaint has been refiled as a complaint. The current district attorney was appointed a little over a year ago. I am asking if a new D.A. can refile a charge if a previous D.A. already rejected the same charge.
Asked on April 7, 2017 under Criminal Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, the new DA can file charges that he predecessor had rejected, since the predecessor's "rejection" of them was "without prejudice"--that is, because it was a voluntary decision to not pursue charges, it was not a court order or adjudication and did not prevent the authorities from changing their minds and pursuing charges later. The new DA is not legally bound by his predecessor's decision: he can pursue charges that the previous one did not (or conversely, drop charges in pending cases which his predecessor had been pursuing).
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.