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Once filed charges have been dropped, can they be pressed again?

My brother in law filed charges against my sister for forging checks on his account while they were separated.

He later dropped those charges.

Now, he's saying that if she tries to come around to see the kids, he'll press charges about the checks after all.

Legally, can he file charges again on the same incident?

What's the statute of limitations on something like this?

She can't afford a lawyer. She can barely afford to keep a roof over her head.

1 Answer

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  • 1 decade ago
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    It depends on whether it is dissmissed with or without prejudice.

    If its dismissed with prejudice it cannot be brought up again and is legally binding

    if it is dismissed without prejudice they can bring it up provided more factual evidence is presented.

    She can re-file, but only the judge can make a legally binding decision

    Source(s): Paralegal degree - Prior to my Business degree
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