Tuesday, August 24, 2010

Is there a statute of limitations when a criminal case is dismissed without prejudice?

My friend was charged with possession of methamphetamine and trafficking in methamphetamine in New Mexico. His charges were dismissed without prejudice. How long does he have to worry about being recharged? Thanks!Is there a statute of limitations when a criminal case is dismissed without prejudice?
The statute of limitations for a criminal prosecution is the maximum amount of time the defendant could be incarcerated for committing the offense. Check the penal code and see what the maximum sentence is... the time is the statue of limitations.Is there a statute of limitations when a criminal case is dismissed without prejudice?
The statute of limitations runs from the date of the offense no matter how many times charges are filed or voluntarily dismissed. It stops -- depending on state law -- when witnesses are sworn or when a jury is sworn in to try the case.
Dismissed without prejudice means the case can be resurrected anytime within the applicable statute of limitations. The DA probably felt there was not enough evidence to gurantee a reasonable chance of conviction so dropped it for now retaining the right to bring it again if he can beef it up. Unless it is really slow around the office there will be plenty of other fresher better cases to work on and yours will slide.
The original statute of limitations from the date of the crime would apply. The statute would possibly be tolled during the time of the original prosecution. Check NM law for the statute on drug trafficking.





Good luck.
I don't think there is a statute of limitations, but if he was arrested and charged and is found in possession again, it could count against him. Make sure he keeps out of trouble.
It sounds like he may have gotten lucky - if he stays clean, he's probably alright - but if he gets busted again, they will probably bring the old charges back up - I don't know if there actually is a statute of limitations on it.

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