Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Yes. It can also be re-filed before the Statute of Limitations expires.
Answer Applies to: Pennsylvania
The Gardner Law Firm, PLC | Brandon Gardner
A case cannot have been initiated without the filing of a complaint. If what you're saying is true, then it sounds like the clerks of the court mis-filed paperwork. If that is not the case, then the case should be dismissed because no case has been initiated.
Answer Applies to: Michigan
Freeborn Law Offices, P.S. | Steve Freeborn
Possibly. However, the dismissal would probably be "without prejudice", which means that the case could be re-filed if they were abele to find the missing documents. This is not "double jeopardy" because you have not been tried on the case.
Answer Applies to: Washington
Randall M. England, Attorney at Law | Randall M. England
At some point the court may be willing to release the bond if charges take too long to get filed. One needs to be careful in asking to be released, however, because that means there is no longer any bond posted in the case. If a bondsman posted the original bond, he is off the hook and so is the defendantbut only for the moment. If the prosecutor later files the charge, it could result in an arrest warrant being issued since there is no longer any bond. That means another arrest and the posting of a new bond at the defendant's expense. As a defense attorney, I always discuss such matters with the prosecutor before I ask the court to release the bond.
Answer Applies to: Missouri
Meadows & Howell, LLC | Brad Howell
The Alabama Constitution states that a complaint or formal accusation must exist to properly notify the accused of the charge against him and to confer jurisdiction upon the court. For all traffic cases, Alabama has adopted the uniform traffic ticket and complaint (UTC) as the accepted form of complaint that must be filed. If no UTC can be found, then they should not be able to pursue the charges against you. I would suggest filing a motion to dismiss, as the court will likely merely continue the case for quite awhile before giving up if you choose to do nothing.
Answer Applies to: Alabama
Gregory Casale Attorney at Law | Gregory Casale
It can be but it is up to a judge. If the judge gets frustrated enough he can dismiss the charge, but the ADA can reinstate it unless it is Dismissed with prejudice. It doesn't sound like you have an attorney or you would have asked him/her this question. You really should have representation for any criminal charge.
Answer Applies to: Massachusetts