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AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 13566
Experience:  19+ Years of Legal Practice in Criminal Law.
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If a person is charged with a criminal threat then later dismissed;

Resolved Question:

If a person is charged with a criminal threat then later dismissed; later the charge is reviewed and completely erased. Would there still be a five year window where the
case could be brought into consideration again?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 6 years ago.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*

Hi, yes, if a criminal charge is dismissed pre-trial, the person could feasibly be re-charged on that untried matter at anytime prior to the passing of the statute of limitations. If that statute provides for 5 years, then up to 5 years after the alleged illegal behavior, fresh charges may be brought.

I hope this helps clarify for you.

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Customer: replied 6 years ago.
this charge is erased though so now is the acused
free from the possibilty of facing this charge
Expert:  AlexiaEsq. replied 6 years ago.
No, again, charges can be filed until that statute of limitations has passed. Had the defendant been tried and acquitted or tried and convicted - then no new charges based on that past alleged crime could be brought, even BEFORE the 5 years, due to prohibitions against double jeopardy. The fact that a prior arrest and charges were dropped have been sealed or expunged only does just that, expunges those charges. It has no powers over the State's decision, based on new evidence or anything else, to bring NEW charges.

I'm sorry, if this is causing a difficult situation for someone.
Customer: replied 6 years ago.
The charges were later erased though, would this elimnate the staute of limitations.
Expert:  AlexiaEsq. replied 6 years ago.
No, the only thing that would jump ahead of the SOL is the constitutional bar to Double Jeopardy. New charges are not old charges, and new charges can be brought if the State feels there is sufficient evidence now.
AlexiaEsq. and other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
SOL what is SOL
Expert:  AlexiaEsq. replied 6 years ago.
My apologies. SOL = Statute of Limitations