If the prosecutor did not indict me, can they try again?

After the prosecutor has submitted a case to the grand jury for a vote, they may seek to re-present it although in certain cases they will need the Judge's permission to do so. Reasons for resubmitting a case include, but are not limited to, the following:

  1. To obtain a superseding indictment which contains additional charges.
  2. Where the grand jury initially failed to the indict you or voted to charge you with lesser charges than what the prosecutor was seeking
  3. To correct errors in the original grand jury presentation following a defense motion to dismiss the indictment or a judge's decision to dismiss the indictment for defects in the original presentation.