criminal law procedure

UPDATED: Jun 15, 2009

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criminal law procedure

If a charge was dismissed in probable cause hearing can it still be indicted?Would that fall under double jeopardy?Whats the difference between a charge and an indictment?

Asked on June 15, 2009 under Criminal Law, North Carolina


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

Answered 13 years ago | Contributor

It's possible that an indictment could still be brought, if the statute of limitations has not run out. This may also depend on the detailed facts of the case, because the law and procedure on this point can vary a bit from one state to another.  For advice you can rely on, based on all of the facts and the law of your state, you need to talk to a criminal lawyer in your area.  One place to find an attorney is

In most places, a dismissal like this isn't considered equivalent to a trial, so you haven't been "in jeopardy" for constitutional purposes.  Even a full trial, if it ends in a mistrial (which can happen for a number of reasons, including a "hung jury"), doesn't prevent a new trial.

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 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.

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