If a person was charged with a felony, brought to trial, and they then plead not guilty and insist on their right to a speedy trial. Can the defendant be re-arrested for the same crime if the prosecution keeps asking the court for a continuance to find their "key" witness, but the judge then dismisses the case after giving the prosecution 160 days to go to trial?
Can the defendant be re-arrested for the same crime if the prosecution finds their key witness years later?
Answers:
Generally, no. I agree with everything the first answerer said, btw. However, there are "magic words" in a dismissal of a case. "Dismissed with prejudice" means the case can never be re-filed nor could the defendent ever be arrested for the same crime. "Dismissed withOUT prejudice" means the opposite--the defendent could be re-arrested and brought to trial. Another catch, though--if the first trial actually started and was then dismissed, the defendant is completely safe. Did the trial start? Did the prosecution voluntarily dismiss the case? Does the Order of dismissal say "with prejudice"? We need to know those facts, also. EDIT: Thanks for the details; they are sufficient to give you a definite answer. If the trial has begun, jeopardy has "attached" (legal terminology). If the case is now dismissed, it can never be re-filed. Once the trial is dismissed, it doesn't matter if the key witness if found. Also, the words "with/without prejudice" no longer matter since the trial has begun. The defendant cannot be re-arrested for the same charge.
If by brought to trial, you mean he's indicted on the felony charge...and then the judge dismisses the case due to a "not ready" answer by the People after 160 days, and the defense doesn't agree to a continuance, then no, the defendant can't be arrested for the same crime. Double jeopardy attachs.
However, that defense counsel would become infamous in whatever DA's office he screwed that prosecutor in, and he'd never get a break from the People ever again. Most defense lawyers wouldn't risk good relationships with ADAs for that.
Within the statute of limitations for that state and that offense, yes.
once the trial has begun...double jeopardy attaches and the person can not be retried again...if the government really wants the defendant.the witness can threaten to say that he was paid to remain unavailable, get off with probation, and get your client/friend with obstruction of justice, bribery, etc.
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