In Nov. 2009 I was arrested in Taos, NM for possesion of heroin(4th
degree felony) and possession of paraphernalia. The magistrate court
dismissed the case i think as the result of peremptory disqualification and
I was released from custody. I have been in residential treatment since
then. The case has now popped up in a grand jury indictment in district
court a year later, What might be the implications of this, and why did
this happen?
From the LawyerCentral forum archive. Originally posted 1 December 2010 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
From what I understand, a peremptory challenge does not
mean that the case is completely dismissed. It just
means that that judge (I'm assuming) was dismissed
without anyone having to give a reason for it.
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thics06.htm#6710
That means you aren't out of the woods, and they're
probably doing an indictment to see if its worth their
time to prosecute you. Does that make sense? Or did I
get something wrong?
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