We won't quit. Nor should you. This is a follow-up to a recent post about an OWI/PAC case that both of our attorneys have been working on for several months. The defendant initially was charged in municipal court with OWI and PAC. After a court trial, the municipal judge found the client guilty of the OWI but dismissed the PAC charge. When we appealed the OWI case to circuit court to seek a jury trial, we learned the municipal judge attempted to reinstate the PAC charge on his own.
We did not believe the municipal court had the authority to simply reinstate the PAC charge, and we moved the circuit court to dismiss the PAC case, making an argument that the municipal judge never actually found our client guilty of the PAC charge. Over the objection of the prosecutor, the circuit court agreed and dismissed the PAC charge.
Despite the ruling in circuit court, the prosecutor then sought to revive the PAC charge in municipal court, where the case was again scheduled for a hearing. At the hearing, we objected to the municipal court even hearing the prosecution's new motion, arguing the municipal court lost jurisdiction once the case was removed to circuit court. As such, we argued the municipal judge was now bound by the circuit court's decision. This time, the municipal judge agreed and concluded the prosecutor was not entitled to a hearing on the matter, meaning the client can never be convicted of the PAC charge originally filed against her.