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cafenoire

Being re indicted after an initial indictment

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Someone I know has been indicted on two charges (aggravated assault and felon with a weapon).said person has been offered the max sentence for each indictment.  However, said person does not want to take the time and wants to go to trial. The public defender is cautioning that if the "deal" isn't taken, then the district attorney would then go back and re indict said person with an additional charge of repeat offender.  Can this be done and if so, under what statutes?

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Yes it can, and I would assume they would use the Mississippi repeat offender statute. No law requires them to indict on all possible charges or lose the right to indict on additional charges later.

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Hi @cafenoire

 

Welcome to the community and thanks for posting! Looks like you've already gotten some input from the community. It appears that, as part of the plea agreement, the State will not indict the defendant under the repeat offender statute. However, if the deal falls through, all bets are off.

 

FindLaw has some helpful information about plea deals the defendant may want to review in making his/her decision:

 

Ultimately, this is something that the defendant will want to discuss carefully with his/her public defender.

 

Let us know if you have additional questions.

The FindLaw.com Team

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