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MyraB
MyraB, Lawyer
Category: Criminal Law
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Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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attempted murder case be dismissed with prejudice?

Customer Question

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

Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Pro replied 1 year ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.




Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


Attempted murder is classified as an “incomplete crime,” or an “inchoate crime.” There are three types of inchoate crimes: attempted, conspiracy and solicitation. Trying but failing to commit the crime, also referred to as “criminal attempt,” is considered the most serious inchoate crime. Attempted murder is regarded as a criminal attempt inchoate crime. For a charge of attempted murder, the action must meet three elements of criminal attempt: specific intent, actions to commit the crime and failure to commit the crime.

Most of the criminal statutes of limitations are in section 30.10 of Criminal Procedure ("Crim. Proc.") portion of the New York Code.

There is no statute of limitations in NY on attempted murder.

This means that if new evidence is found even years after an attempted murder, the case can still be reopened and someone can be prosecuted.



As such, an attempted murder case could NOT be dismissed with prejudice.



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.

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?

Expert:  Law Pro replied 1 year ago.
2 completely different issues - the right to a speedy trial and statute of limitations on attempted murder.

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.



In addition to the constitutional guarantee, various state and federal statutes confer a more specific right to a speedy trial. For example, in New York, the prosecution must be "ready for trial" within six months on all felonies except murder, or the charges are dismissed by action of law without regard to the merits of the case.


So, although there isn't a statute of limitations - you benefitted from the right to speedy trial AND, since the case was dismissed, they can't reinstate the charges now against you (so it's dismissed with prejudice).



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.

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??

Expert:  Law Pro replied 1 year ago.
You just stated before, "my case got dismissed because of failure of speedy trial."

If your case was dismissed because of their failure to give you a speedy trial - then it's over.

If it was dismissed for other causes - then you need to find out why it was dismissed because they could potentially refile charges against you.



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.

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>??

Expert:  Law Pro replied 1 year ago.
Yes it got dismissed because of failure for speedy trial so it automatically comes with Prejudice then correct?


Absolutely correct - they cannot reopen or refile the case against you on that.



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.




Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.

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.

Expert:  Law Pro replied 1 year ago.
This is a completely separate question from your original questions about the statute of limitations on attempted murder and then we went on to issues of a "speedy trial).

However, if you believe that they are harassing you - you can file a civil suit against the police and DA for harassment.

I would suggest you contact your attorney and/or contact the County Bar Association and ask them for a referral for such.



Good luck!!


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!


Customer: replied 1 year ago.

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 ?

Expert:  Law Pro replied 1 year ago.
There is NO statute of limitations on murder - sometimes murder investigations can and do go on for 20 years.

However, they can't harass you.

If and when you feel harassed by the police, filing police harassment complaint may prove fruitless if you do not know the steps to take. The very first thing you should always do is file a harassment complaint against the police officer you feel harassed by, at the police station in the jurisdiction where the police officer is employed. If that doesn’t end the harassment, filing a complaint within the Internal Affairs Bureau is often the best route to take. However, before filing a complaint within the Internal Affairs Bureau, you must note and keep a journal containing every detail of every instance that you feel harassment by the police.
If you feel as if you are being ignored even after filing a complaint against police harassment, or feel singled out by the police officer for harassment, you have other options. After sending a certified letter to the chief of police stating your cause, if there is no action taken, you can file a complaint with the State Attorney General’s office or the District Attorney in the county you live in. One other option is to file a Federal Complaint if you feel that your civil rights have been violated by the police. In this case you should speak to a local civil litigation attorney to handle the police harassment case. [JustAnswer]





Customer: replied 1 year ago.

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?

Expert:  Law Pro replied 1 year ago.
Certainly you should find out there names but that doesn't have to stop you from filing a complaint with the AG's office. They can investigage the matter on your behalf.

I have no clue about anything other than what you stated - the attempted murder charges against you.

What would be the ongoing purpose of the police investigation outside of that I can't say.

But, again, if you believe you are being harassed - proceed as I outlined before and file a complaint with the AG's office in the matter.


Murder (and attempted murder) investigations can and do last for a long time - there is NO statute of limitations about such.

Good luck - file a complaint with the AG's office if you believe they are wrongfully harassing you.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.

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?

Expert:  MyraB replied 1 year ago.
Hi. It will be my pleasure to assist you with your question today.

Everything lawpro has told you is absolutely correct.

If you believe you are being harassed he has outlined the steps to take.

As far as the police motive for harassing you, it may be that they believe you committed the crime of attempted murder with which you were charged. The case was dismissed because the state failed in providing you with a speedy trial. Dismissal for speedy trial is absolute, but it has nothing to do with the merits of the case. Because, as lawpro stated, there is no statute of limitations for attempted murder or murder, and other statutes of limitation may not have run, they can continue the investigation if they believe it is worth their time. If the police discover sufficient evidence to charge you with a crime other than attempted murder, or a lesser included offense thereof, then they would be able to do that. But, they are prevented from bringing the same attempted murder charges on the same set of facts.

But, guessing at the motive of the police in continuing the investigation is just speculation. You may want to focus your energy on the remedies lawpro suggested.

Good luck.
Customer: replied 1 year ago.

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. ?

Expert:  MyraB replied 1 year ago.
There is no statute of limitation on belief. As far as the crime, it would depend on what other crime they might be able to charge you with based on what they uncover. It is unlikely the police would spend resources and time on an investigation that would lead only to crimes where the statute has run or that were included in the dismissal. So, unfortunately, the only answer I can give based on the facts you've described is that the police can investigate as long as it is worth it for them to do so.

However, you do have recourse to stop and prevent any harassment as lawpro suggested.
Customer: replied 1 year ago.

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??

Customer: replied 1 year ago.

"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?


 

Expert:  MyraB replied 1 year ago.
It is difficult to predict because every case is unique. I would expect the NYC police have better things to do than follow you around, unless as I said, they believed it was worth it. It may be that they hold a grudge that your case was dismissed, it may be that they are looking for further evidence of the crime to charge you with something else related to that event, it 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, it may be the crime you were charged with involved someone known to the police. As I said, trying to guess their motive would be speculation, however, their motive would likely have something to do with how long they would continue to investigate. If the dismissal was 7 months ago, it seems to me that their decision to continue the investigation must have some substantial basis, and it is not likely to end soon. On the other hand, it's gone on for quite some time without any results, so to continue the investigation would require some further justification. In other words, I'm sorry, but I can't tell you how long it will continue.
Expert:  MyraB replied 1 year ago.

"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.

Customer: replied 1 year ago.

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.


 

Customer: replied 1 year ago.

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.

Expert:  MyraB replied 1 year ago.
I'm sorry. I did not mean to upset you. I was just giving you examples of what the motive of the police might be. I meant it could be anything. You don't know, and I can only guess. The only conclusion I could draw from the information you gave was that for the police to continue to investigate you 7 months after the charges were dismissed, there must have been a substantial basis for them to do that. They could not get permission from their superiors to spend time and resources investigating you when there is more than enough cases open in NYC to investigate. Sometimes the police may take it badly when a case they have worked on and delivered to the DA for prosecution gets dismissed because the prosecutor dropped the ball and got the case dismissed on speedy trial grounds. The police are not happy. But, then again, they get handed unfavorable decisions every day - evidence gets suppressed, cases get dismissed - it happens.

They can only charge you with conspiracy if there was in fact a conspiracy to commit a crime. That is - if you discussed committing a crime with another person or persons and you followed through with the crime. I only meant that conspiracy to commit murder or attempted murder would not be barred by the dismissal of the charge of attempted murder on speedy trial grounds. I don't know enough about the facts to even guess what the police are considering. If you admitted to someone that you committed the crime of attempted murder, they could not charge you because that case has been dismissed with prejudice. Not that you did, or would ever admit, and shouldn't admit to anyone, but as an example. That attempted murder charge is done, ended. There is nothing the police can do to resurrect it.
Expert:  MyraB replied 1 year ago.
I don't see how the police can continue to justify following you and investigating you based on the circumstances you describe. The police cannot reasonably expend more resources on an investigation that has brought no results and has been dismissed with prejudice.

I've answered your questions to best of my knowledge and ability. I can't predict what the police will do, but at this point they should focus their attention on solving other crimes.
Customer: replied 1 year ago.

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.

Expert:  MyraB replied 1 year ago.
It should have ended once it got dismissed. It is not illegal for the police to keep investigating you as long as they have the resources and permission. However, they are not permitted to harass you, and you have recourse to stop and prevent any harassment as stated earlier in this thread.

At this point even with multiple eyewitnesses stating you committed the crime, you cannot be charged with attempted murder. That charge is done, over, no matter how many people are prepared to testify or how much evidence the police have. The police know that charge is done.

So, keep doing what you're doing - going to school, applying for jobs. If the police intimidate or harass you, you can take those steps outlined earlier to stop it.

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