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    Racelwithnoh's Avatar
    Racelwithnoh Posts: 19, Reputation: 1
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    #1

    Mar 2, 2012, 06:52 AM
    WA state time allowed after dismiss with prejudice to bring back?
    If a case for harassment is dismissed without prejudice how long is the prosecutor given to get more evidence to bring it back or does this just hang around forever with the threat it can be brought back?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Mar 2, 2012, 06:56 AM
    Hello R:

    If the case got dismissed, the SOL starts all over again. But, my guess is that once the prosecutor didn't get his way in court, he's given up.

    But, that would be the guy I'd call to ask. And, I'd do it today.

    excon
    Racelwithnoh's Avatar
    Racelwithnoh Posts: 19, Reputation: 1
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    #3

    Mar 2, 2012, 07:36 AM
    I'm sorry what is SOL? Too early here yet to call so thought I'd follow up and ask you. Thank you Ecxon.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Mar 2, 2012, 08:00 AM
    Hello R:

    I'm in Seattle...

    The SOL is the statute of limitations. That's the time they have between DISCOVERING the crime, and FILING charges... The dismissal starts everything all over again.

    But, I don't think the SOL is the problem. IF the prosecutor wants to prosecute, he's NOT going to let the SOL expire.. In fact, IF he's going to prosecute, he should have begun IMMEDIATELY.

    Additionally, I don't know WHY the case was dismissed.. If the prosecutor had NO evidence, the judge would have dismissed WITH prejudice, preventing the prosecutor from EVER pursuing these charges again... But, he didn't, indicating that there was a technical fix that was needed.

    If you're the victim, the prosecutor is YOUR lawyer and he'll discuss the case with you... But, if you're the defendant, calling to ask whether he's going to pursue charges, will get you NOWHERE. The only way you'll find out is when you're arrested again. If you had an attorney, he MIGHT be of some help.

    excon
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