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Can attempted murder case be dismissed with prejudice? in NYC and how long do prosecutors have to reopen an attempted murder case after dismissal. I do not know if the case was dismissed without or with prejudice? and also how long does it take for investigation to end after dismissed case on that charge? in NYC
Okay, but this is the thing. There is a statue of limitation because my case got dismissed because of failure of speedy trial. So there is statue of limitation. But question is how long do investigators have until reopening the case? there must be some type of time frame that they have to reopen the case because my case is classified as sealed and closed. But my lawyer told me it was be officially dismissed, as in cannot reopen the case, after a period but he did not mention how long because he was busy in court. i have to call him back. So can You tell me?
The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides that "n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial . . . ." The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of trial.
In Barker v. Wingo (1972), the Supreme Court developed a four-part test that considers the length of the delay, the reasons for the delay, the defendant's assertion of his right to a speedy trial, and the prejudice to the defendant. A violation of the Speedy Trial Clause is cause for dismissal with prejudice of a criminal case.
Okay, excellent so far, now final questions because I am in a situation. The court never told me that it was dismissed with speedy trial. All I heard was that it was dismissed. So, is it possible since I had a Legal AID that works for the court, the court did not dismissed it With Prejudice and I have to return to court with the lawyer that represented me to implement the With Prejudice dismissal or is it automatically dismissed with Prejudice even if no one told me??
Yes it got dismissed because of failure for speedy trial so it automatically comes with Prejudice then correct? and lastt question. This is why I am so annoyed by this whole dilemma.
I actually have investigators following me ever since the pending case. I thought they would stop after case is dismissed but they continue. How long this will last? they are trying to use people to make me admit that I did the crime even though I DID NOT do the crime. But they think that and trying to use people for i can say something and things in that nature. But whyy if according to you, with prejudice does not allow it to be reopen or it can with new evidence? or is it a time frame>??
I actually have investigators following me ever since the pending case. I thought they would stop after case is dismissed but they continue. How long this will last?
I have no idea about their agenda but they could be pursuing others potentially by following you.
But they can't recharge you with attempted murder again if your previous case was dismissed because of your right to a speedy trial and their failure.
I understand because my lawyer said I can obtain a lawsuit if I was charged with the same case twice. But I am being followed not because they want other people but because they want me. The demented thing is they know I am being followed because I went to court trying to speak to district attorney to cancel their investigation since it was dismissed and I acknowledge their presence. All the time. So how long until they stop following me, from previous experience what do you think they continue to their investigation even after it was dismissed. Can it be possible there is a catch. As in a certain time frame that it be dismissed and thats why they continue to pursue this case?? They keep bring lawyers to my attention for I can talk to them but I do not know what to ask them since it is my lawyer who handled the case. So what is the purpose for them to have me talk to their lawyers?? If I already asked questions to a different lawyer after a petty arrest and she said "I cant stop investigators from following you, talk to your lawyer that respresented you" All this makes no sense. There is a reason why they constantly follow me, and this is Every Single Dayy. Drives me madd.
I understand that but I would give you a rating of excellent service, I am just trying to get these investigators from not follow me anymore. Its extremely annoying. I just some type of direction for I can put an end to this or at least how long you think this would continue. Usually a year? but this is apart of my question because
"Can attempted murder case be dismissed with prejudice? in NYC and how long do prosecutors have to reopen an attempted murder case after dismissal. I do not know if the case was dismissed without or with prejudice? and also how long does it take for investigation to end after dismissed case on that charge? in NYC"
So my question now is apart of my earlier question "and also how long does it take for investigation to end after dismissed case on that charge? in NYC" So it is obviously apart of it. So please help me out, I just want to know when this investigation will end. It is been ongoing for 2yrss and my case got dismissed in November of last year. Already 7months. How much longer will this continue ?
I will try these procedures. Although I do not know their names, can I still file a complaint to Attorney General ? and this is not a murder case. Thats the whole thing, so I do not know why this investigation needs to be ongoing. They are seriously wasting their time. All I do is go to work, college, and look for a job. Been doing this for over a year now, so why you think is the purpose for them to continue every single dayy and how long You Think this will last since its 7months after dismissed case. Is their some time of catch You think they Imposed when my case was dismissed. Like some time of time frame they have to reopen the case to conspiracy or same charge or anything in that sort?
I would definitely do so, but this doesn't make any sense. I understand now about the no statue of limitation on "Investigating" But my question is, which is related to my initial question, is why and what would be the purpose to continue the investigation if I acknowledged them? and they know I do? that doesnt make any sense at all. And it cannot be reopen because of With Prejudice! So, why they feel obligated to continue this task if its already lost and I do not engage in criminal activity?
Okay so what you meant by 'other statutes of limitation may not have run', so because of that, that is why they keep following me,correct? and yes you are right.They do believe I have committed the crime, so because of that, that is the main reason why they continue this investigation. So because they believe i did it, how long does the investigation last for? similarly to my initial question. And basically what is the statue of limitation for beliving I done the crime? basically what are the matters that are attached when they believed someone done the crime and thats me for instance. ?
So basically because they believe I did it and they Do, which they Strongly do even though I did not commit any crime, they can continue to investigate as long as they want, correct?
They are wasting time and resources severely. That is what I do not understand why they continue this investigation. I even went to the D.A Office to try to come to a resolution, but he did not want to see me so it is ongoing. So, based on experience on police investigation and things in that nature, how long You think this "Investigation after my dismissal", which was 7months ago, will last for? Knowing that I go to school everyday, study in libraries and they see, and do not engage in any criminal activities??
"or a lesser included offense thereof or that were included in the dismissal" This maybe a possibility as to why they continue this pointless investigation. What else they can charge me with that was not included in the dismissal, Conspiracy? that is still linked to the attempted murder, which was dismissed. So what they can possibly charge me for that is lesser?
"or a lesser included offense thereof or that were included in the dismissal"I'm sorry if I was unclear. They cannot charge you with attempted murder or a lesser included offense of attempted murder because the case was dismissed with prejudice because of the speedy trial violation. However, they could charge you with a related offense that is not a lesser included offense of attempted murder. Conspiracy would be a separate crime.
We are almost done here, but what would be the charges then for "they could charge you with a related offense that is not a lesser included offense of attempted murder" ??. Conspiracy would be a separate crime." and also can they charge me with conspiracy if I were to speak and admit I did it the crime to a person EVEN THOUGH I DID NOT Do the crime and never spoke about this to anyone because I already know I will never ever speak of this to anyone in my entire life. I just want to get to the bottom of this is all. And you said
"they hold a grudge that your case was dismissed" Can that even be possible? because they have a grudge it must be continue?, "it may be that they are looking for further evidence of the crime to charge you" There is no other evidence because I was not at the incident, so the onlyyy evidence in their Perspective is me to admit it right? Even though I didnt do anything, obviously. "may be they are waiting for you to commit another crime, it may be they want to keep an eye on you and it is worth it to them" and they know I acknowledge them sometimes even though I do all the time. So dont they think since I know I am being watched I wont do anything of that sort? Plus I do not commit crimes, again I am in school pursuing a great career. So i wont ever jeapordize that in my life.
Also, the reason I think since you said they following me because I did it. Their are people stating I did it, their are people claiming they Saw me do it. Even though that is not true because I was not at the incident and I substantiated that and was ready to go to trial and they wasnt, so obviously their witnesses are lying, but is that the factor why they cantinue since people are advocating I did it? If so, like you mentioned no results over 2yrs of investigation and no results after 7months dismissal. You think they going to keep following me? this been ongoing altogether for a little over 2yrs. Everyday on constant Followinggg, drives me mad.
Yes indeed you gave me insights as to why they will continue and I appreciate that, but it just do not answer my initial question on how long the investigation will continue. But you did a good job, describing why they might. But as I said, dont you think that its illegal to continue an investigation based on their grudges? but they have been following me OVER two Years. And not anyy results was in favor towards them. And now sevenn months after the case was dismissed, they are still pursuing it. But I am asking you, since I know for a fact based on what a legal aid told me, which you know they work for the courts so their basically against defendents most time, that someone seen me doing. So based on that, people seen me commited the crime even though that is not true since I was not there. But based on that, the cooperation from their witnesses which was more than one that said they Seen me doing. Are they following me because of that? and if so, whats the point if they cannot reopen the case? And all I do is go to school everyday and apply for jobs? This have become an extremee burden to my life, I seriously thought it would end once it got dismissed.
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