Legal Question in Criminal Law in California
If a DA picks up a case after 1 yr and drops it can they pick it back up after being dropped and prosecute?
Asked on 12/02/10, 2:40 pm
2 Answers from Attorneys
George Shers
Law Offices of Georges H. Shers
What do you mean by "dropped"? If the case is "dismissed" it can not be recharged if the time to prosecute has ru;n out. But if the DA jsut decides not to go forward at that time, the case is still "alive".
Answered on 12/07/10, 3:15 pm
Anthony Roach
Law Office of Anthony A. Roach
If by dropped you mean dismissed, the prosecutor can refile charges if the underlying statute of limitations has not run. If the case was not dismissed, then you need to look at whether your right to a speedy trial has been violated.
Answered on 12/08/10, 12:39 pm
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