acvegasUSA
New Member
- Jurisdiction
- US Federal Law
United States Federal Case
I have a friend who two years ago got charged with a Federal Felony Crime dealing with both real estate fraud and credit fraud scheme (around 23 victims involved). My friend pleaded guilty to the crime. The prosecutor wanted to give my friend between ten to twenty years plus a five million restitution payment. The case has been going back in forth in the court mainly due to postponement by the prosecutor under the same judge for about two years and a few months. Just a few weeks ago doing the sentencing stage – once again the prosecutor ask for more time. To make a long story short – the judge got pissed off and dismissed the case due to many on-going postponement by the prosecutor. At that time of dismissal my friend's attorney told him that the prosecutors have sixty days to try and reopen his case. Well two weeks following the dismissal the prosecutor did refile charges again on my friend was notified of this action by his attorney – no new court date has been set as of yet so my friend is waiting for the next step hoping that the dismissal with stand and he gets off scot-free. Note: My friend is still wearing a GPS Tracking ankle bracelet until this case is finally settled – this case at the moment is still pending. My question is what happens now my friend has been waiting for nearly three weeks now:
1. Can the same identical original charges be refilled by the prosecutor?
2. If the same identical original charges are refilled is that considered "Double Jeopardy"?
3. Will the same charges be brought under a new judge or the same judge?
4. Is it a good high chance the judge will reopen this same case are the chances poor or great?
5. If the case is reopened will the Judge pick-up where they left off (the Sentencing Stage)?
6. Now that the prosecutors have reopened the case how much time do they have for the next court hearing?
7. If the original charges cannot be refilled due to dismissal what kind of charges can be filled?
8. Since the case was dismissed by the judge – if reopened is my friend looking at the same amount of prison time or less prison time?
9. Any other helpful info or possibilities should my friend be aware of or possible outcomes?
Thanks
I have a friend who two years ago got charged with a Federal Felony Crime dealing with both real estate fraud and credit fraud scheme (around 23 victims involved). My friend pleaded guilty to the crime. The prosecutor wanted to give my friend between ten to twenty years plus a five million restitution payment. The case has been going back in forth in the court mainly due to postponement by the prosecutor under the same judge for about two years and a few months. Just a few weeks ago doing the sentencing stage – once again the prosecutor ask for more time. To make a long story short – the judge got pissed off and dismissed the case due to many on-going postponement by the prosecutor. At that time of dismissal my friend's attorney told him that the prosecutors have sixty days to try and reopen his case. Well two weeks following the dismissal the prosecutor did refile charges again on my friend was notified of this action by his attorney – no new court date has been set as of yet so my friend is waiting for the next step hoping that the dismissal with stand and he gets off scot-free. Note: My friend is still wearing a GPS Tracking ankle bracelet until this case is finally settled – this case at the moment is still pending. My question is what happens now my friend has been waiting for nearly three weeks now:
1. Can the same identical original charges be refilled by the prosecutor?
2. If the same identical original charges are refilled is that considered "Double Jeopardy"?
3. Will the same charges be brought under a new judge or the same judge?
4. Is it a good high chance the judge will reopen this same case are the chances poor or great?
5. If the case is reopened will the Judge pick-up where they left off (the Sentencing Stage)?
6. Now that the prosecutors have reopened the case how much time do they have for the next court hearing?
7. If the original charges cannot be refilled due to dismissal what kind of charges can be filled?
8. Since the case was dismissed by the judge – if reopened is my friend looking at the same amount of prison time or less prison time?
9. Any other helpful info or possibilities should my friend be aware of or possible outcomes?
Thanks
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