Legal Question in Criminal Law in New York

Motion to Dismiss

If the government is not ready to prosecute a criminal case within the six month period after the filing of a felony complaint. Legally, does this allow the judge to dismiss the case without prejudice? Or can a judge dismiss with prejudice?


Asked on 8/16/07, 6:50 pm

1 Answer from Attorneys

Robert Evans Robert S. Evans esq.

Re: Motion to Dismiss

The case can always be represented to a new grand jury for another indictment.

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Answered on 8/17/07, 10:08 am


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