Legal Question in Criminal Law in North Carolina

This is an excellent issue in Law, and it is my opinion that the State may issue a new criminal summons however it would constitute a violation of the 14th Amendment to the constitution. Pursuant to NCGS 15A-931 "Voluntary Dismissal" the prosecutor can take a voluntary dismissal at any time "before or during the trial." The State then has the power to start the prosecution again so long as jeopardy has not attached.

In your situation the issue is more complex because the State probably did not dismiss the case until the Judge told the State that they could not have yet another continuance on the third court date. Thus there has technically been a judicial ruling that the State could not have additional time to prosecute you. HOWEVER, they technically can bring the charges again, then it would be up to your GOOD attorney to raise the issue.

The best case law in North Carolina on point is Simion v Harden in which the Court found that the State had used a statutorily allowable procedure in an unconstitutional way. Have your attorney contact me if he/she would like help on this issue.