Legal Question in Criminal Law in Pennsylvania

criminal charges

If charges were dismissed at the preliminary hearing. How long do the other party have to refile the charges.


Asked on 10/18/07, 9:41 am

1 Answer from Attorneys

Douglas Sughrue Attorneys Crosby & Sughrue

Re: criminal charges

When charges are dismissed at the preliminary hearing, the Commonwealth has until the statute of limitations (SOL) runs on the charges to refile them. Ordinarily, you are safe after a couple months, unless the charges are complex, then allow for some additional time. The attorney you had at your preliminary hearing should call the police and/or DA that handled your matter to see if they are planning on refiling the charges. This may provide you some level of comfort.

If not the SOL, your lawyer, once the charges are refiled, can ask for dismissal if you can show that there is no new evidence and that the charges were refiled for harassment purposes. This is an extreely rare manner in which to get refiled charges dismissed, so do not hold your breath.

Thanks and good luck.

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Answered on 10/18/07, 10:12 am


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