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kindaoveritbruh t1_je4ozno wrote

Reply to comment by Bmorewiser in Maryland’s second-highest court orders new hearing for Adnan Syed, reinstates conviction by Cody_in_Baltimore

When the judge dropped the charges, it had to be done "without prejudice," which allowed them to re-file any charges. If the DA honestly thought he was innocent, he would have done so, but there was also societal/office pressure and the victim's family to deal with. If the judge dropped the charges "with prejudice," double jeopardy would attach.

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Bmorewiser t1_je4ut0z wrote

Unless the statute offers some unique quirk, there’s no way for the prosecutor to dismiss that case in a way that makes it so it cannot be brought again from the posture it was in at the time without engaging in some “funny business.”

Jeopardy attaches when the jury is sworn and evidence admitted. Before that, no jeopardy. It also can attach sometimes during a plea. But when the state dismisses a charge, that is almost always without prejudice to their ability to bring it back later if they want subject to some restrictions.

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