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

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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 5 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.


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