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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111600
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Can you confirm And suport that a federal defendent post

Customer Question

Can you confirm And suport that a federal defendent post mistrial (hung jury). Then 3 years later, haș The pending counts dismissed, again, bașed upon a Speedy Trial Act. Violation (uș v zedner 2006). The charges were dismissed "without prejudice". Time haș Now elapased, (120 days) can The goverment still refile The dismissed counts? The orginal dismissed counts.
(Recap)
First dismissed, as resulted of hung jury, then refiled within 70 days And dismissed again, 3 years later, because of The STA violation. (More. Then 70 days unexcused).
Is The goverment prevented From refiling. Should the defendent, requestthe court, to dispose of the case with prejudice. Ăre assume? Can you suport your answer.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, if everything was dismissed on the speedy trial act and it has been that much time that has passed the statute of limitations must be looked at also. So what were the charges, because if they are now beyond the statute of limitations, no more charges could be refiled.
Customer: replied 11 months ago.
The orginal charges Federal Counts were USC 1591 aiding And abeting and2251aiding And abeting. Neither charges Was punishible by a Life sențence, however, each count involved a minor who was at The time of The alleged counts (2006) Now she is 27. The inditiment Was filled 2011.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Well, for those charges under federal law there is no statute of limitations. This means that while the charges were dismissed for not granting a speedy trial, unfortunately, the prosecutor can refile those charges against you again. It is going to be up to the prosecutor, since those charges are serious enough to be part of the very few without a statute of limitations to bring them against you.