Defendant was placed on deferred for Robbery, he has managed to not get revoked despite multiple MTRs. His latest involves an assault with his girlfriend. The state offered to revoke 4 years the defense atty reset the the MTR to have a trial in the county courts. The county assault was dismissed so that the contested MTR could be heard. However once the county case was dismissed the defense approached a different prosecutor and told them that the county court case was dismissed for insufficient evidence and that the defendant would plea true to something like monies if the recommendation would be to continue. The MRT was heard and the defendant was continued. I have refiled the MTR and the court says I cannot go forward because the MTR was already heard. Can I proceed with the MTR on the assault.

If the assault allegations were formally dismissed before proceeding on the $$$, yes. Otherwise, no.

So did you plead him to a different pending MTR or abandon the assault allegation from the MTR he plead to? Either way the assault allegation hasn't been heard.

I say refile the assault charge and also add it to any pending MTR or just get the PO to file another one. Would serve that attorney and his client right.