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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33554
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I live in WV and was involved in a domestic dispute with my

Customer Question

I live in WV and was involved in a domestic dispute with my ex husband and my estranged husband. My second husband (now ex husband) is a physician and I am an advanced practice nurse. When we separated the two filed "criminal complaints" claiming that I misused my husbands DEA and I was charged with 12 felony counts of misuse of a DEA and obtaining a controlled substance by fraud. All of these charges were dismissed September 14, 2013. I am finally getting to my final divorce trial after three long years, however, I am concerned that West Virginia has no statute of limitations for felony crimes, however, I found in WV code 15-1E-43 that if charges are dismissed that the state has only 180 days after that dismissal to file charges again, is this true? I am afraid of these two men, and I have had a recent custody dispute with the trooper ex and have full custody of my son. Is it true that they cannot resurrect dismissed charges. I need to be able to relax instead of living in fear. I am entitled to a sizable amount of money in my divorce case, but I have received emails from my physician ex urging me to walk away with 15,000 or things could get "ugly again". Personally, I cannot handle another personal or professional nightmare like ive already been through and I am considering taking the 15,000 out of fear.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Unfortunately, that section of the code you quote is only dealing with the state militia and court martials, not regular criminal charges. There is no similar provision for a regular trial in the criminal courts. Please ask any follow up questions in this thread.