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switchsticks1 · Apr 4, 2012, 04:37 PM

I asked this wrong the first time!! Then lost my password and couldn't get back into my original question!! Sorry!!

I have a misdemeanor case that was dismissed WITHOUT prejudice by judge for no probable cause. The 'crime' lists a statute of limitations of 2 years. But I'm assuming that is from time of committing crime to time of being arrested or charged. I have already been charged by the police, and came to arraignment and it was dismissed WITHOUT prejudice. So is there a time limit on how long they have to bring this back with possibility of more evidence? I hate having this feeling of next shoe dropping, even though I feel confident I am innocent. (Frankly I think innocent people feel more guilty than guilty people do who are probably used to feeling guilty and can ignore the feeling) The court of jurisdiction lies in Washington the state. In the interest of 'speedy trial' surely it can't be 2 whole years they get to bring this back? Or yes?

AK lawyer · Apr 4, 2012, 04:52 PM

No. It wouldn't be the same as the SOL. Most states have a speedy trial rule, as a part of their criminal rules.

"RULE CrR 3.3
TIME FOR TRIAL

...
(b) Time for Trial.
(1) Defendant Detained in Jail. A defendant who is detained
in jail shall be brought to trial within the longer of
(i) 60 days after the commencement date specified in this rule, or
(ii) the time specified under subsection (b)(5).

(2) Defendant Not Detained in Jail. A defendant who is not
detained in jail shall be brought to trial within the longer of
(i) 90 days after the commencement date specified in this rule, or
(ii) the time specified in subsection (b)(5)
...
(5) Allowable Time After Excluded Period. If any period of
time is excluded pursuant to section (e), the allowable time for
trial shall not expire earlier than 30 days after the end of that
excluded period.
(c) Commencement Date.
(1) Initial Commencement Date. The initial commencement date
shall be the date of arraignment as determined under CrR 4.1.
..." Washington State Courts - Court Rules

Fr_Chuck · Apr 4, 2012, 05:21 PM

It is not the speedy trial is it, that is time from when charged to time to go to trial.
After that, if the case is dismissed, is there not a certain amount of time to recharge the same person.

AK lawyer · Apr 4, 2012, 05:28 PM

You should also consider whether [double] jeopardy has "attached". Under certain circumstances, you are protected, under the federal (and probably state) constitutions from twice being put in jeopardy of being convicted of a crime. The specific question is whether, the first time, you would be considered to have been in "jeopardy".

switchsticks1 · Apr 4, 2012, 07:23 PM

Thanks to you all. AK Lawyer, can you put that subsection (b)(5) into plain English, please?

Let's say I charge and supposedly criminal act was Jan 19. I had court date on it Feb 6th where it was dismissed w/out prejudice and no probable cause. How long do they have to bring back more evidence?

switchsticks1 · Apr 4, 2012, 07:25 PM

Oh, and I never was in jail

switchsticks1 · Apr 4, 2012, 07:33 PM

I looked at your link and got more confused now. I don't understand what si meant by the 'excluded periods'

(e) Excluded Periods. The following periods shall be excluded
In computing the time for trial:

(4) Period between Dismissal and Refiling. The time between
The dismissal of a charge and the refiling of the same or related charge.

And

(h) Dismissal With Prejudice. A charge not brought to trial
Within the time limit determined under this rule shall be
Dismissed with prejudice. The State shall provide notice of
Dismissal to the victim and at the court's discretion shall allow
The victim to address the court regarding the impact of the
Crime. No case shall be dismissed for time-to-trial reasons
Except as expressly required by this rule, a statute, or the
State or federal constitution.

So what does THAT mean? IS there a time that can pass after which my dismissal without prejudice converts to dismissal WITH prejudice because they didn't come back with any more evidence?

AK lawyer · Apr 4, 2012, 09:12 PM

Originally Posted by switchsticks1

Thanks to you all. AK Lawyer, can you put that subsection (b)(5) into plain English, please?

Let's say I charge and supposedly criminal act was Jan 19. I had court date on it Feb 6th where it was dismissed w/out prejudice and no probable cause. How long do they have to bring back more evidence?

Ok. January 19 through February 6 would be 18 days, right?

They re-file on, say, April 15. The period from February 16 to April 15 would be excluded. So from April 15 they would have (90 - 18 =) 72 days to bring the case to trial. So, assuming no more excluded periods, they would have until June 11 (if I did the mental calculations right) to go to trial.

Oh, and subsection (b) (5) simply means that, even if they had already used up, say 70 days (instead of 18 days from your example), and (absent (b) (5)) only had 20 days left, they still would have 30 days.

excon · Apr 5, 2012, 06:01 AM

Originally Posted by switchsticks1

In the interest of 'speedy trial' surely it can't be 2 whole years they get to bring this back? Or yes?

Hello s:

You are NOT charged.. Therefore, the speedy trial issue is NOT an issue. When the charges were dismissed the SOL started all over again.. If they had two years to bring charges the first time, they have two more years now.

excon