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If a person is charged with a serious misdemeanor and the

county attorney attaches a simple...
If a person is charged with a serious misdemeanor and the county attorney attaches a simple misdemeanor to the serious misdemeanor as a companion charge and you file a motion to dismiss due to you were arrested for these charges and trial info was not filed within the 45 days as stated in Iowa rule 2.33. So the Court grants the motion to dismiss, does that mean both charges are dismissed or just the serious misdemeanor and the companion simple misdemeanor just falls off as a companion to the serious and the state can continue with the simple misdemeanor charge?
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Answered in 2 hours by:
12/26/2016
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 119,525
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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It just means the new charge is dismissed. Of course, the state can again reinstate the dismissed charge as long as they do so within the statute of limitations. The simple misdemeanor would remain.
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Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 119,525
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
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