i have been going to court for almost 2 years on a DUI charge> the procecuting attorney and my attorney have contineuly asked for continuences. My trial date is tomorrow Feb 1st 2012 and last week i went to court and the proscecuting attorney asked for another continuence because both officers that were on the scene can' make it because they are on medical leave. The judge denied the continuence i asked my attorney if this meant it would be dismissed, and he said yes but he also said that they would then have up to 6 months to take me back to trial. first of all i was not impaired at all, i DON'T smoke pot and i only had 14ng's of THC in my system. that is why i'm so angry about this as i told them before the blood test was done that my roomate smoked it 24/7 and could i have 2ndhand smoke. i'm getting away from my question of , Do they have 6 months to take me to trial again for this?
1 Answer from Attorneys
The short answer is it depends: there is sometimes a permissible period of time for criminal charges to be re-filed in Arizona, but it depends on several factors. Since you have an attorney already, you should direct any more specific questions to your own attorney, who is familiar with your specific situation.
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