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:
- To obtain a superseding indictment which contains additional charges.
- Where the grand jury initially failed to the indict you or voted to charge you with lesser charges than what the prosecutor was seeking
- 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.