If I won my appeal, how long does prosecutor have to file new charges or to bring the case back to trial?

UPDATED: Oct 23, 2013

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If I won my appeal, how long does prosecutor have to file new charges or to bring the case back to trial?

The case was remanded back to district court for new trial. I was convicted of Assault 4.

Asked on October 23, 2013 under Criminal Law, Washington


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends. Why was it remanded if you won your appeal? Was your appeal for a new trial? If you won your appeal and it was remanded,the prosecutor will need to bring the case soon but soon is a relative term. Statutes of limitation often differ with criminal law and state to state. There is a three year statute of limitatons on the original charge but it depends on if anything is tolled when it is remanded.

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