When a dismissal isn’t a dismissal . . .

This defendant went to a preliminary hearing. While his attorney was able to convince a judge to dismiss some of the charges against his client, and get his client a bond, it does not mean that his client is free of those charges. A preliminary hearing is not a trial. The protections of double jeopardy do not apply at a preliminary hearing. Thus, the State is not bound by the judge’s ruling here. They can present the case to the Grand Jury with the same evidence, and they are able to get those dismissed charges revived against this defendant. You can read my prior posts about a preliminary hearing and about the Grand Jury.

Since November 4, 2000, I have been practicing attorney. I have spent the majority of my career as a criminal defense attorney. I have handled all aspects of criminal litigation including committal hearings, arraignments, plea negotiations, motion preparation and argument, judge and jury trials, probation revocation hearings, and appeals with one singular goal: to defend my clients to the best of my ability. I believe that every person has a right to be treated with respect, dignity, and fairness in the eyes of the law. I represent every client diligently and energetically. Let me do the same for you. Call me at 404-585-1377 to set up an appointment to discuss your case.

DISCLAIMER: This post does not constitute legal advice. This post does not constitute an attorney-client relationship between you and me. Until you retain me, I am not your attorney. Moreover, this post is general information, and it does not replace the advice and counsel of an attorney that has reviewed the evidence in your case and has investigated the case on your behalf. In plain English, this is just general information; I do not represent you; my posts do not replace your attorney’s advice.

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