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If a case is dropped and record expunged, and it is found that this was done in fraud, can the suspect be retried?

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  • Anonymous
    1 year ago
    Favorite Answer

    Yes, the whole case can be reopened. This would not violate the double jeopardy rule.

    If you're talking about the Smollett case, The FBI has now picked up the case and is investigating the whole mess. I suspect a few ADA's will be losing their jobs in addition to facing charges.

    OH HOW I PRAY the Obama's interfered in this !

  • Anonymous
    1 year ago

    If you are tried and convicted and then found to be innocent. under the United States Constitution you're not supposed to be able to ever retry that case.

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  • Anonymous
    1 year ago

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  • Fred
    Lv 7
    1 year ago

    Likely the original charges would be replaced with new charges of fraud and maybe being a nuisance to the police wasting their time.

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