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Charges against Jolly dropped, but will be filed again

A day before Packers defensive tackle Johnny Jolly was due to stand trial on felony drug possession charges, the case was dismissed.

But Jolly has no reason to be happy about the development.  According to the Green Bay Press-Gazette, however, the charges will be filed again.

The problem apparently arose from the fact that the lab personnel had not yet learned how to use equipment that determines the amount of codeine contained in a given substance, and then to testify in court about the results.

For all of you who’ll ask whether the prohibition against double jeopardy applies in this case, “jeopardy” typically doesn’t attach until the trial begins.

Thus, the charges can be dismissed and re-filed, limited only by the applicable statute of limitations.

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10 Responses to “Charges against Jolly dropped, but will be filed again”
  1. Vikes28AllDay says: Jul 16, 2009 1:56 PM

    Why is it ever since you moved to NBC no one gets arrested. You might have to take that down soon. It seems like the NFL is afraid to get in trouble now. Way to go Florio, you changed the NFL, Goodell is going to be bored now.

  2. The Real Shuxion says: Jul 16, 2009 2:17 PM

    Agree with above.
    Florio saved the NFL, Florio should be the commish.

  3. Bob Nelson says: Jul 16, 2009 2:33 PM

    The trial is postponed until the prosecution can train the witnesses how to testify against the defendant.
    What about a defendant’s right to a speedy trial…. or the arrest and indictment just didn’t happen.
    Perhaps the prosecution can get the witnesses against the defendant trained before the statute of limitations runs out.
    or the defendant might never step foot in that state again to risk arrest again.

  4. veistran says: Jul 16, 2009 2:45 PM

    Sounds like someone actually did the math and the incredibly obvious fact that there is no way he had 200g of codeine hit them in the face.

  5. PFTiswhatitis says: Jul 16, 2009 2:45 PM

    *PROOFREADERS NEEDED
    A day before Packers defensive tackle Johnny Jolly was due to stand trial on felony drug possession charges, the case were dismissed.
    THE CASE WERE DISMISSED?

  6. backmimic says: Jul 16, 2009 2:55 PM

    While Jolly may not be in the clear – this seems like very good news for the Pack.
    If it took over a year to get this thing to trial – I would imagine it’ll take a while if they re-file as well.
    So the Pack get a motivated-contract-year Jolly on the field as a valuable reserve on the d-line for his final year in GB and he’ll be a free agent by the time he shows up for an actual trial (with the outcome a possible suspension or jail-time).
    They weren’t going to re-sign Jolly anyway after this season, so I doubt the Pack cares about his legal future beyond this fall.

  7. ElCabong says: Jul 16, 2009 3:03 PM

    Let me guess. The charges will be refiled in about 6-12 weeks, the lawyer will ask for and get a continuance until next March because of some sort of BS and we get to start this cycle again. Justice should be blind but slow and gimpy must rounding out that value meal. As for the lab not knowing how to use its own equipment…I’m shocked. Not really, government run/funded organizations are normally inadequate to just about any task. Good luck Jolly!

  8. j4a1 says: Jul 16, 2009 3:29 PM

    Refiled? You must be joking. What would be the point? That is such a HUGE loophole, even someone as big as Jolly could get through it!
    If he has any kind of lawyer at all…this is all but over.

  9. jrmbadger says: Jul 16, 2009 3:38 PM

    This is bad news for the prosecution.
    First off, there are speedy trial issues as stated before ( I wanna say its something like 70 days)
    Secondly, I can just see Jolly’s lawyers salivating over the fact that the lab technicians apparently have no idea how to do their job. Should be an interesting cross examination – (“Q:So how long have you been doing this …. A: since yesterday” — real convincing)
    Finally, there is a chance that all the evidence from the lab could be inadmissible. To admit the evidence they’d need the crime lab to testify to what is in the report they will generate. To do this they need to show that the witness is qualified by experience, education, skill, training, etc…. Doesn’t seem like this is the case here.
    The state sure seems to be bungling this one up.

  10. purpleguy says: Jul 16, 2009 4:25 PM

    They’re only starting to measure the codine now? How the hell did they charge him accurately in the first place then? Speedy trial my ass. Then again, initial delays were on the defense, not the prosecution. Sounds like the prosecution team is comprised of losers comparable to Jolly.

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