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Is it possiable for the prosecution to run out of time in the case against you?
Wiki User
∙ 14y ago
If you haven't yet been arrested there is a time limit the prosecution has to file charges against you for most crimes except for murder. This is called a statute of limitation. The law varies from state to state and crime to crime. For specific information you will have to look up the statute for the crime you are suspected of and the jurisdiction of the alleged crime. The limit can also vary in the time that it starts from the date of the crime to the first time it was reported.
If you've already been arrested you are guaranteed the right not to be held without charge and your arrest being reviewed by a judge. This is normally 24-48 hours, but this can vary depending on where on if its a deadline or a guideline.
After this you have to be indicted by a grand jury. You probably won't be invited. The Federal limit for indictments after arrest is 30 days. This also varies by jurisdiction.
After this you have the right to a "speedy" trial. Guess what? this is also depending on where you are! Some places require you to demand a speedy trial in writing and start the psuedo clock then. Some have guidelines in place but you must make a motion to the court about how your trial isn't speedy enough and the court will decide how speedy is "reasonable"
Then, if they ever do let you go. They can always arrest you again for the same crime and try all over again until the statute of limitations is up.
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."
And if your declared an "Enemy Combatant" forget it, they can hold you for how ever long they want because all they have to do is say the 'T' word.
Wiki User
∙ 14y ago
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What are the prosecution times in the US for surgical malpractice?
It has been stated that surgeons in the US are exempt from prosecution but that has changed over the years. There is no specific amount of prosecution time as it would vary from case to case. Often if the case is negligence and causes death the surgeon may lose his or her license. All doctors are required to have insurance to cover any damages in such a case.
What is a FWOP notice?
FWOP stands for "for want of prosecution". A FWOP notice is generated when there has been no activity in a case for some period of time (some jurisidctions require no case activity for over 1 year). If the notice period expires without a party creating any case activity, then the case can be dismissed "for want of prosecution".
If a criminal case has been dismissed but the outcome of that not hearing the case causes medical difficulties can a new case based on the dismissal be pursued?
It all depends on HOW it was 'dismissed.' There are two types of 'dismissals.' Dismissal WITH prejudice, means that the same case can NOT be brought against you again. Dismissal WITHOUTprejudice means that the prosecution CAN file the same charges again at a later time.
What does the box that is checked that says Accordingly this action is dismissed for lack of prosecution on a notice of lack of prosecution mean?
If the box "Accordingly this action is dismissed for lack of prosecution" is checked on a notice of lack of prosecution, it means that the case is being dismissed because there has been no progress or activity in the case for a certain period of time. This typically occurs when the parties involved fail to move the case forward or take necessary actions within a specified timeframe.
How many times can the court extend out a case?
As long as BOTH the defense and the prosecution agree to the extensions there really is no statutory time limit.
How do you get your case dismissed?
You refer to yourself as "the Plaintiff." That would indicate that the case is a civil case and NOT a criminal case. If you are truly the plaintiff in a CIVIL case what you can do is withdraw your complaint. The risky part of this is that if you have caused significant expenditure of time, effort, and money on the part of the defendant, YOU could be sued yourself for the recovery of those expenses, and/or run the risk of being charged with malicious prosecution. If you are represented by an attorney, confer with them, that's what you're paying them for.
Are there any required time lines to follow for a criminal case in Gwinnett County Georgia?
there are statutes of limitation on bring a person up on charges ... there is dueprocess for case that are about to go to trail ... but this time can very depending on your lawyer or the prosecution readiness to take the case to trail ...
What does it mean when they say order of dismissal for lack of prosecution in regards to a foreclosure court case?
It means that the foreclosure case was dismissed because no progress was made on it by the plaintiff due to inaction or lack of prosecution. This often happens when the plaintiff fails to move the case forward within a certain timeframe set by the court.
What happens in the opening argument of a trial?
During opening arguments the prosecution presents theirs first, they will explain to a jury all of the circumstances of the case and explain what they will present to prove all of the evidence along with the type of testimony for the jury/judge to expect from any scheduled witnesses. The defense can present an opening argument at that time or they can reserve the option until after the prosecution presents their case. If the defense chooses to proceed with the opening they will explain why the Prosecutions case will be flawed, and what witnesses the defense will present to rebut the testimony of the prosecution witnesses.
What happens in the opening argument of a argument?
During opening arguments the prosecution presents theirs first, they will explain to a jury all of the circumstances of the case and explain what they will present to prove all of the evidence along with the type of testimony for the jury/judge to expect from any scheduled witnesses. The defense can present an opening argument at that time or they can reserve the option until after the prosecution presents their case. If the defense chooses to proceed with the opening they will explain why the Prosecutions case will be flawed, and what witnesses the defense will present to rebut the testimony of the prosecution witnesses.
My husand receive a letter from child support. it states a court date for a notice of lack of prosecution and notice of hearing on motion to dismiss for lack of prosecution?
If a person receives 2 court papers for dismissal for lack of prosectution in regards for child support. Is there a time period that person has to reopen the case
What is a dismissed for want of prosecution on a child support case?
It means the case was closed, or dismissed. Usually this happens due to the petitioner failing to appear, or the alotted time required for the petitoner to complete an action has been exceeded. The matter can be refiled, though.
