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Loren
Loren, Attorney
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how long till a dead docket case gets dropped I have seen

Resolved Question:

how long till a dead docket case gets dropped? I have seen tons of people say, "if the case is not opened again it will be dropped." But how long till that happens? Mine has been three years and i live in another state now.
Submitted: 4 years ago.
Category: Legal
Expert:  Loren replied 4 years ago.
The dead docketing of a case leaves it open to be recalled and prosecuted at the request of the judge or prosecutor. There is not much you can do other than make a demand for trial which will begin the "speedy trial" clock running. Without knowing more about your case, I would say not to do anything without consulting a Georgia defense attorney about the details of the case. For a discussion of the process of "dead docketing" see the following article: http://www.law.uga.edu/academics/profiles/dwilkes_more/38deaddocket.pdf
Customer: replied 4 years ago.

Case details are as follows;

in 2006 i was accused of looking at child porn while in the navy. I was investigated by NCIS, where i admited to possibly finding some on myspace (who at the time allowed nude pics with out much moderation of weather they were teens or adults) and not being aware of it. Navy discharged me due to lack of evedence, NCIS took case to Camden county who picked it up, had me in jail for 9 months, said i was looking at nude photos of less then 14 yr old girls. CCDA sent my computer to the FBI (who did not find anything to my knowledge), then "dead docketed" my case due to lack of evedence. My PD said wait a few years and ask the DA to drop my case. I have tried that and was told i could not get details on my case or do anything with my case but recieve the peice of paper stated before. I am now tring to get my degree in criminal justice and attempting to be a bounty hunter in the state of colorado, not getting any luck with this case on my record. Since i am takeing up your time i will be glad to pay, just please any advice on how to take care of this. The only problem i fear is that if i do bring this case "alive" they will try to me back in and ruin my life all over again. I have never, nor will i ever look at underaged porn.

Expert:  Loren replied 4 years ago.
Unfortunately, you are pretty much at the mercy of the persecutor. The only proactive thing you can do is file a motion for immediate trial or dismissal. It is, obviously a gamble, in that you run the risk that the state will get interested in the matter again. There is really no other option without the cooperation of the state.
Loren, Attorney
Category: Legal
Satisfied Customers: 20753
Experience: 30 years experience representing clients.
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