Is there a time limit for the state to seek an indictment after judge dismisses the charges?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there a time limit for the state to seek an indictment after judge dismisses the charges?

About 5 months ago, the judge dismissed all charges after the state failed to hold a probable cause hearing or present an indictment. However, warned that the state may seek an indictment at the next grand jury.

Asked on February 5, 2019 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes: they have to do so within the statute of limitations, or time to press charges, for the crime you allegedly committed. This period of time varies by type of crime or charge; since you did not disclose what you were charged with, we cannot advise as to whether there is still time for them to bring more charges or not. The time period is calculated from when the alleged crime was committed, not from when the prior set of charges was dropped.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption