If I was convicted of 4th degree assault and appealed so the appellate judge remanded it back to district court for a new trial, how long does the prosecutor have to file new charges?

This was 22 court days ago.

Asked on August 8, 2013 under Criminal Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The prosecutor does not have to file new charges; when a case is remanded like you describe, it goes back for a new trial on the same charges as the first time around. Therefore, the prosecutor does not need to do anything. It may take months, however, for the new trial to be scheduled, given how crowded court calendars (or schedules) are.

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