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Can I Be Prosecuted After a Case Rejection by the District Attorney?
Aerial view of Chicago downtown skyline with tall skyscrapers and cityscape stretching to the horizon

45+ Years Criminal Defense

Experience in California

If I was arrested for a crime and the District Attorney “rejected my case” can I later be prosecuted for that crime?

The answer is yes. Often a District Attorney will reject a case because he doesn’t think that the police have brought him enough evidence to obtain a conviction. He will send the case back for “more investigation”. Many times in those cases the police will do more work and then the District Attorney will decide to file the charges. If the charge is a misdemeanor then he has in most cases up to one year to file charges from the date of the offense. In most felony matters he has up to three years to file criminal charges. People think if the case was a “reject” that means they are in the clear. Unfortunately that is often not the case. What makes things worse is often a warrant is issued for the arrest of the accused and the accused does not even know this has happened. It is excellent advise to retain a criminal defense attorney who can monitor the situation for you to avoid you being arrested in such a circumstance.


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