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Can DA Re-file Felony Burglary After Dismissal? (PC 459)
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45+ Years Criminal Defense

Experience in California

Can the District Attorney file a felony burglary charge against me if the charges were already dismissed one time? (PC 459)

The answer is unfortunately they probably can. The law in California allows the prosecutor to file felony criminal charges a maximum of two times so long as you have not been found not guilty by a jury. What this means is so long as the District Attorney refiles the charges within the statute of limitations period (which is three years for a felony burglary charge) then you will have to defend against the charges. However, if the prosecutor delayed a substantial period of time in doing so your criminal defense attorney may be able to bring a motion to dismiss on the grounds that the delay in filing was prejudicial to you.


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