It depends on the Statute of Limitations (basically the "shelf life" of an open case). Every crime has it's own Statute of Limitations and every state has its own Constitution which governs solely that state, unless of course it is a Federal crime that you're referring to. In my experience, I've never seen a law (State or Federal) which had that short of a Statute of Limitations but I suppose it's possible. Just depends on the state.
No. In order to be tried with any charge, you must first be charged with it. If you were never charged with DUI you can't be found guilty of that charge. HOWEVER - before you actually go to trial the prosecutor can file a motion with the court to AMEND the charge, and at that time amend the charge to DUI - IF they have evidence to sustain it.
Are you CERTAIN that he was found not guilty by judge and/or jury? If he was, and he's still on bail, then he must be charged with some other offense for which the court has yet to act.
If you were charged and found not guilty, then it should not matter.
The court does not assume that you are necessarily guilty just because you plead guilty; there are many cases of innocent people who plead guilty, usually because of some mental illness. A delusional person may believe that he or she is guilty of something that he or she did not actually do. So, the case is still investigated, the evidence is still examined, and the person who pleaded guilty might still be acquitted. However, a guilty plea does constitute some degree of evidence, and it may lead to a guilty verdict, even for a person who is actually innocent. It depends upon what other evidence is available, and upon the care with which the court is handling the trial. It is unfortunately the case that sometimes the police and the prosecutor are just happy to convict someone, whether that person is guilty or not. It counts as a successful prosecution, that someone is found guilty.
If you were found not guilty it will not show up on your driving record at all.
No because you didnt do anything wrong if you were found not guilty.
If you weren't sentenced at the time of the verdict, and are still "out" on recognizance or bond, you will receive a notice of your sentencing hearing.
To relieve from a charge of fault or crime; declare not guilty: They acquitted him of the crime. The jury acquitted her, but I still think she's guilty.
Because you are not guilty of the charge. Another reason is that you are guilty but you don't believe the government can prove guilt beyond a reasonable doubt and you want to take the case to trial and perhaps get a not guilty verdict. Still another reason is that you are guilty but you want to delay the day of reckoning as long as possible so as to try to work out a plea bargain.
If you voluntarily pled guilty it will be difficult to re-open your case unless you can prove you were represented in an incompetent manner by your attorney at the time.
Yes - See Below Link: ------------------------------------- Yes is the correct answer but you must have been been found not guilty of the crime. Even though your were charged and found not guilty the charge is still on your record. So that is the purpose of the expungemnt. First time offenders of misdermeners can have there that removed.
It depends on what grounds the first appeal was filed. If you feel strongly about your position you should appeal the Appeals Court ruling to your state Supreme Court. Otherwise, you could try for a second appeal based on the harshness of the sentence. They would either decline to hear itl. or the might possibly grant you a new hearing based on those specific grounds.