When can the district attorneys office refile charges that were previously dropped in court?

Question

My best friend got a DWI 8 years ago. She was 20 so no matter how low it is you still get a DWI. She went through the proper channels (two years worth) then and when she went to court in 2002 the charges were dismissed by the judge. This summer she traveled accross the border only to find that when she returned she got arrested for an outstanding warrant for failure to apper in court. After hours of trying to find out what it was for, she finds out that the DA refiled the charges a month after they were dismissed. She moved from this city, so she was never notified. Now she is trying to get the documents that concern her case from the courthouse and she is being denied all the dismissal papers. I am confused....How can we find out why they refiled? And also what can we do to get these papers?

Answer 1

The DA can refile the day the charges are dropped, in most cases.  And, can refile until the statue of limitations expires.  As far as getting the papers, have her file a freedom of information act request with the court, prosecutor's office, and law enforcement agency that originally arrested her.  May cost her some money, but that's the nature of the system.

Good luck.

Answer 2

they can do as they please its your job not to break the law once you are in the "system"  Life isn't fair lol