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  #1  
Old 01-13-2011, 12:59 PM
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cheshirecat2000 cheshirecat2000 is offline
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Default Charges dropped, now what?

My bf was facing new charges but I looked them up just now and they are showing as dismissed - all of them. Those are the reason hes being revocated. I wish I knew what that all means now. I’m sure hes still going to be gone but hopefully not as long as we were originally thinking.
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Old 01-13-2011, 01:35 PM
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Default Dismissed Charges

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Originally Posted by cheshirecat2000 View Post
My bf was facing new charges but I looked them up just now and they are showing as dismissed - all of them. Those are the reason hes being revocated. I wish I knew what that all means now. I’m sure hes still going to be gone but hopefully not as long as we were originally thinking.

Cases can be "dismissed" in only two fashions - and it is important to know in which fashion his was dismissed.

(1) Dismissed WITH prejudice means that the charges can not be brought again for the same crime.

(2) Dismissed WITHOUT prejudice means that the same charges can be re-filed and brought in the same case.

I am assuming the new charges are what brought about the revocation correct? How long has he been in for the new charges?



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Old 01-13-2011, 02:05 PM
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Originally Posted by myfreedom2010 View Post
Cases can be "dismissed" in only two fashions - and it is important to know in which fashion his was dismissed.

(1) Dismissed WITH prejudice means that the charges can not be brought again for the same crime.

(2) Dismissed WITHOUT prejudice means that the same charges can be re-filed and brought in the same case.

I am assuming the new charges are what brought about the revocation correct? How long has he been in for the new charges?



Hes been in since 10/22/10 - this is excatly what it says on the court cases off of wisc court access - All charges against EDE in this case have been dismissed. These charges were not proven and have no legal effect. EDE is presumed innocent.
It makes me happy to see the innocent part. Yes these new charges are what caused the revocation
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Old 01-13-2011, 05:32 PM
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ok, chances are the State decided that it was much more expeditious to violate his probation than pursue those additional charges. This serves the state two ways - first a VOP is a much lower standard than criminal charges, usually clear and convincing evidence, sometimes a preponderance of the evidence suggesting it's more likely than not that he violated. So, they don't have as much to prove like in a criminal case where they need beyond a reasonable doubt. Second, a VOP is faster and less expensive than new charges. Third, if they don't like the results of the VOP, they can always refile. (If not much happened in the case, chances are that it was dismissed without prejudice, which means double jeopardy doesn't attach and they can refile at a later date, within the statute of limitations. Technically speaking, double jeopardy attaches once the first witness has been called in trial. With him in jail that short of a time, chances are it's dismissed without prejudice).

So, you're left with the VOP. Look to the terms of his probation/parole agreement to see the amount of time that he may need to serve if the violation is proved to the standard of the court. In my jurisdictions, the case that generated the probation/parole is the one that will show the schedule for hearings and appearances.
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Old 01-13-2011, 05:36 PM
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In many state jurisdictions, there is no such thing as a dismissal without prejudice. If the DA dismisses, so long as jeopardy has not attached and the statute of limitations has not run, then the DA can refile.

Quote:
Originally Posted by myfreedom2010 View Post
Cases can be "dismissed" in only two fashions - and it is important to know in which fashion his was dismissed.

(1) Dismissed WITH prejudice means that the charges can not be brought again for the same crime.

(2) Dismissed WITHOUT prejudice means that the same charges can be re-filed and brought in the same case.

I am assuming the new charges are what brought about the revocation correct? How long has he been in for the new charges?



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