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Prosecution Statute of Limitations/6th Ammendment question

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kyndrad77

Junior Member
Background: UTAH
Two charges of class B misdemeanor, offense occurred in May 2005, at which time the defendant was arrested and charged. Charges were dropped before trial commences (defendant never entered a plea-charges dropped before case called for a plea).
Utah Code states that the Statute of Limitations for misdemeanors of this kind is 2 years. Defendant has not been arrested or charged for anything since this alleged offense.

QUESTION:
If the state prosecutor files charges against an individual, and then drops the charges prior to trial, is the statute of limitations still in effect, or has it been tolled because charges were filed within the limitation, although dropped?

How long does prosecution have after dropping charges to re-issue the charges, and start litigation, in reference to statute of limitations applicable to the charge (in this case, two years)?
Does the 6th amendment apply if prosecution waits three years to bring the case to trial, when there are no reasons for the delay, such as witness unavailable, etc., and the defendant had nothing to do with the delay?
Thanks
 


CavemanLawyer

Senior Member
The statute of limitations is tolled when charges are filed, and remain tolled during the pendency of the case, and then start running again when the case is dismissed. Since you were charged immediately, the clock did not start running until the State dismissed the case. So the question is not how long ago the offense occurred but rather how long its been since charges were dismissed. If its been less than 2 years, than yes the State can still refile the case.

Any delay can result in a violation of the sixth amendment right to a speedy trial, which means the case must be dismissed. There are several factors involved, and yes it helps the Defendant's case if he/she did not contribute to the delay. But to be honest, If the offense occurred in 2005 than you are going to have a hard time arguing speedy trial violation since 3 years really is not that long at all.
 

kyndrad77

Junior Member
Thank you very much

This is exactly what I needed to know. The next step (I assume) is to get to the clerk's office, get the case file, determine on what date the dismissal was filed, and on which date the charges were reinstated. If there is a two-year or more gap between the two dates, the SOL is applicable to the defense. I am certain there will be more than two years between the dates. Thank you very much. This has helped, and I hope it helps others with the same sort of question.
 

kyndrad77

Junior Member
A twist...

I have just checked the case file. The charges were dropped prior to the arraignment in May 2005. According to the clerk, the formal information was filed and the case reopened in July 2005, with no notice to the defendant, no summons, etc. The next action (the summons) is issued June 2008, 1061 days after the information was filed.
According to what you have said, the refiling tolled the statute of limitations, but prosecution did not begin for nearly three years.
Would that then prevent me from using the SOL as a defense? Does this qualify as a failure to prosecute? Since they did not provide any notification to the defendant that the case had been re-opened, the defendant did not know about it in order to request a speedy trial.
What can someone do when the prosecutor files and information, then sits on it for three years doing nothing?
There was an attempt at expunging the arrest record in 12/07, the request was approved, and process begun. The criminal record reflected "dismissed", and the defendant had no idea the case had been reopened. Coincidentally, the expungement certificate ended up expiring while sitting at the prosecutor's office waiting for them to do their part.

What would you suggest for someone in this circumstance?
Thanks
 

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