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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4385
Experience:  Extensive training and experience in criminal law matters, both prosecuting and defending.
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what does a dismissal with leave by da mean

Resolved Question:

what does a dismissal with leave by da mean?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  J.Hazelbaker replied 7 years ago.

It means that charges can be filed again. It doens't mean that they necessarily will, but that the option remains a possibility.

 

Please let me know, if you have follow-up questions.

 

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Customer: replied 7 years ago.
Is there any way of finding out if after 11 years they will?
Expert:  J.Hazelbaker replied 7 years ago.

What is the original charge?

 

In all but the most serious types of charges, there are statute of limitations that prevent charges from being refiled after a certain period (typically within 1 to 6 years).

Customer: replied 7 years ago.

here is how it reads and I am very confused, this was originally a family matter and the people pressing the charges (which have no passed away) asked to have them dropped or dismissed and the DA refused. Is there anyway to have this dropped or dealt with?


Offense: 3

EMBEZZLEMENT

Offense Date:

08/08/1997

Offense Type:

FELONY

Offense Code:

14-90

Offense County:

WATAUGA

Offense County:

WATAUGA

Case Type:

CRS

Case Number:

1998CRS003238

Disposition Date:

10/05/1998

disposition:

SUPERSEDING PROCESS OR SUPERSEDING INDICTMENT


Offense: 4

EMBEZZLEMENT

Offense Date:

08/08/1997

Offense Type:

FELONY

Offense Code:

14-90

Offense County:

WATAUGA

Offense County:

WATAUGA

Case Type:

CRS

Case Number:

1998CRS003238

Arrest Date:

10/18/1999

Disposition Date:

03/02/2000

disposition:

DISMISSAL WITH LEAVE BY DA

Expert:  J.Hazelbaker replied 7 years ago.

Since the charge is a felony, there is no statute of limitations under N.C. law.

 

However, the longer the passage of time, the more unlikely that no charges would be brought. Practically, memories fade and evidence gets lost. I'd simply let sleeping dogs lie on this one.

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