Do I have to wait a year to have a case dismissed if there is not enough evidence to prosecute? 6 Answers as of September 24, 2013

I was charged with assault 2nd in March 2013. The D.A. told my public defender that there is not enough evidence to prosecute. My public defender says that he has to wait until April 2014 before he motions to have the case dismissed.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You can file a motion to dismiss at anytime.
Answer Applies to: Georgia
Replied: 9/24/2013
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
A motion to dismiss can be filed at any time. You do not have to wait a year. If a lawyer told you that, that is ridiculous.
Answer Applies to: Michigan
Replied: 9/24/2013
Gates' Law, PLLC | Thomas E. Gates
Not true. The prosecutor can dismiss the case now without predigest and file charges later if he has more evidence.
Answer Applies to: Washington
Replied: 9/23/2013
Hammerschmidt Broughton Law
Hammerschmidt Broughton Law | Mark A. Broughton
If the complaint was filed the 1 year statute fo limitations has no effect; the DA can dismiss the case at any time. If the case was never filed, then in 1 year from the date of the incident the statute of limitations operates as a bar to filing any charges, which is not a dismissal.
Answer Applies to: California
Replied: 9/23/2013
Attorney at Law
Attorney at Law | Michael J. Kennedy
If it hasn't been filed, there is nothing to dismiss.
Answer Applies to: California
Replied: 9/23/2013
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    The prosecutor has up to 1 year to file charges (for a misdemeanor). 3 years if it's a felony. So it's not going to get dismissed until the full 1 year has passed and the prosecutor has had the full 1 year to investigate and see if he can gather enough evidence to prosecute you.
    Answer Applies to: Missouri
    Replied: 9/23/2013
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