Legal Question in Criminal Law in Arizona
How long does the court have to comence a prosecution when the charges were dismissed without predjudice. The charge is disorderly conduct language or gesture and it was dismissed due to the victim not desireing prosecution.
Asked on 8/08/09, 1:31 am
1 Answer from Attorneys
Joan Bundy
Joan Bundy Law
It depends on the jurisdiction but usually one to two years from the time of discovery; that means when the police found out about the incident (sometimes at the time of the incident). However, given prosecutors' heavy caseloads and much more serious matters to deal with, my guess is they will not try to refile with an unwilling victim.
Answered on 8/13/09, 11:27 am
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