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
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