Does double jeopardy apply when a judge does this? Do they really just have to “start again”?
Don’t know. How can something so serious run on such a silly railroad?
I think Double Jeopardy is for trials, not charges brought. You can't be tried more than once for the same charges, but the charges can be dropped and re-filed prior to trial.
“Does double jeopardy apply when a judge does this? “
It appears he ruled on the procedure (the prosecution didn’t arraigned the suspects within 10 days of arrest.) not the crime.
Sounds like the Judge was following the law.
The question is who are those involved in the prosecution who screwed this up and was it on purpose?
This is not a double-jeopardy situation. It’s purely procedural. NM Rule 5-302 makes clear that the dismissal is without prejudice. The charges can be brought again.
Jeopardy doesn’t vest until the jury has been seated. Nothing would stop the prosecutor from refiling charges.