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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 35014
Experience:  16 yrs. of experience including criminal law.
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Can a judge drop charges if the prosecution does nothing with

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Can a judge drop charges if the prosecution does nothing with a case and the judge has given the prosecution a deadline? After that deadline, can the prosecution come back and request this go back to court? The charges were filed over a year ago.
Thanks for the chance to assist


Can you tell me which state you are in and the nature of the charges?
Customer: replied 9 years ago.

Yes. The state is Washington State. The charges are rape charges, of which he was wrongfully accused. I have added to my question which you will shortly receive.

 

Thank you.

Thank you

The court will typically give the prosecution ample opportunity to prove its case. If the problem is with witnesses or other evidence, so long as your friend is not in jail, the court will typically give he prosecutor as much time as they need...within reason.


The law is clear that a judge has discretion in running the trial. Typically a trial date is set at the start of the trial and both sides prepare for that. If either side needs more time they can ask and if the reason is valid the judge will typically grant the request.

At some point, whether its the 3rd or the 13th time, the court will say enough is enough to the government and basically force them to go to trial or dismiss the case.


Now, if the case is dismissed, the nature of the dismissal is important...if it is dismissed without prejudice, the prosecution can typically refile. If its dismissed with prejudice, the can not.

Obviously the defense will want the dismissal to be with prejudice and they can ask for this. Depending on the factors, this may happen but typically the charges are dismissed without prejudice so they can be refiled.


As for his loss of job...that is a tough collateral consequence. It is difficult to take action against the employer...the law will typically allow them to terminate in this case...BUT if he is acquitted or the charges are dropped he may be able to sue to get reemployed...that really depends on of the state provided him with appropriate due process prior to his termination.


As for restitution...if he can demonstrate that the alleged vicXXXXX XXXXXed, you may be able to pursue a claim against her...but that would require typically that she have resources to pay in the event the suit is successful



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get paid.    



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