If you successfully vacate the plea, they may reinstate any charges dismissed. Essentially, you move back to square one and could face trial on any charges filed. The statute of limitations does not apply because it is a continuation of the previous action and that action was charge out within the statutory period.
Thank you for Choosing JustAnswer. Please CLICK ACCEPT BELOW so that I may be compensated for my work.
That is correct.. Essentially, the whole case is vacated and starts fresh.
I am not sure that I understand.
If you received the DWI and driving while suspended charges at the same time, they are intertwined. If you agreed to enter a plea to a Driving while suspended and the DWI was dismissed, then vacating the plea brings back any charges that were filed as if the case had never been resolved.
If that occurs, no new evidence is necessary. They may use any evidence they had when the original charges were filed.
New Jersey Statutes, Sec. 2C:1-6. sets the statute of limitations at 5 years.
Under normal circumstances the plea and the dismissal would be tied together. That protects you from being recharged and it is a deal the prosecutor makes for the plea.
Even so, if that did not occur, so long as you had not impaneled a jury or commenced a trial, a dismissal on the motion of the prosecutor is a dismissal without prejudice. In that case, the statute of limitations would apply.A dismissal with prejudice only occurs if there is a dismissal by the court on the merits (such as a challenge to probable cause) or if the dismissal occurs after there is a substantial step in commencing the trial. No new evidence would be required and they could recharge using the same evidence.
The dismissal for the refusal was state vs duffy, the dismissal on the dwi was lalck of evidence based on the observations of the officer when he simply stated " Mr........ failed the field sobriety tests". There was no description of what tests were taken when or how....so vague that I could have won on my own and im not a lawyer.
I will pay extra for your response
The question is did the Judge dismiss it or did the prosecutor?
If it was the prosecutor, he may recharge it. Of course, if the evidence was weak then, it remains weak now.
it is the same prosecutor that was arguing on my behalf... it is highly unlikley that she would argue for me then re-charge me.... can the judge order that I am re-charged
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).