Legal Question in Criminal Law in Maryland
My son had a theft charge and it was rendered nolle prosequi. then a week later the charges were filed again and he has a new court date. can this be done? what reason would it be done?
2 Answers from Attorneys
Yes it can be done. Probably because either the witnesses finally showed up or the Defendant didnt do something he was supposed to do. But under certain circumstances a lawyer could get a dismissal with finality if Def was denied a speedy trial.
Sometimes the complainant takes out another application for statement of charges, because he or she disagrees with the state's decision, or perhaps the prosecutor's supervisor ordered him or her to refile.
Dismissal on speedy trial grounds is unlikely, unless the defense can show prejudice. I offer a free initial consultation.
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