A judge dismised a charge of disorderly conduct. The arresting police officer has appealed his decision,?
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A judge dismised a charge of disorderly conduct. The arresting police officer has appealed his decision,?
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The police officer is appealing nd issued another complaint and taking it back to court is this ok to do once the judge dismissed the case
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mizzzzthang
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I think it's called double jeopardy.....You can't be tried for the same thing twice....... |
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John H
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Yes. Double jeopardy does not apply as you describe it because to be tried for this crime twice you would first have to have exhausted all appeals once, reaching a disposition in the case and THEN later being subpoenaed back to court to face charges a second time for the same arrest. So the appeals process and possible multiple appearances is still the initial process of trying this crime for the first time. (I had a neighbor who was once required to appear in court 15 times for a single misdemeanor charge of DUI over the span of about 18 months. While that is excessive and indicates a flawed judicial system in his case it is still legal) |
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Perks L
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counter sue him |
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tabbyjo27
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you cant be tried for the same thing twice its double jepordy, but he can change the charge just the slightest bit, and then it can be re tried |
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?
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YOU BEEN HAD
CALL ATTORNEY EDGAR SNYDER |
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Bushit
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The Officer is a civil servant he hasn't` the right to sew,he is no victim,there is no tort |
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ogpeanut6
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You need to check your local laws thay can very from state to state and city to city. He also may have found a way to do it like a loop hole. |
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antmanbee
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that cop really wants your ***!! |
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fr_chuck
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The officer can appeal the judges decission just like you could if the judge ruled in your behalf |
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J.D.
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Hye, it's the cop's right to appeal the decision. Just like your's if it went the other way. Now though, it's his butt on the line if it's shot down again. |
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melvin m
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Just another psychotic cop! |
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scafool
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what grounds, the answer is that the police can appeal same as you. if there are grounds for the appeal it might be heard, but why is there a new complaint, there should only be the one charge which was already heard and the judges decision is being appealed, not a new charge for the same offence. |
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john n
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I don't think so. the cop has the right to appeal the Judge's descision, but re-filing a complaint because it was rejected contravenes the legal principle of double jeopardy.
Double jeopardy is a safeguard within the legal system that basically prohibits someone from being tried twice for the same issue. |
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?
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Yes, he can appeal |
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LORI Z
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Everyone has the right to appeal a decision. What had the person done to anger the officer - remember respect- decorum, clean shaving, a haircut and a good lawyer goes a long way. Good luck. |
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