i want to know what to do with a tirthy year old case that was drop i now it is pick upnnow and i have to do it all over again what do i do
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i want to know what to do with a tirthy year old case that was drop i now it is pick upnnow and i have to do it all over again what do i do
Asked on June 17, 2009 under Criminal Law, Louisiana
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
There are two issues at play here. First, most criminal statutes have something called a statute of limitations, which means that a crime must be prosecuted within a certain amount of time from when it is committed, or else the state waives their ability to prosecute. Some crimes, such as rape or murder, do not have a statute of limitations. However, depending on the crime you are being accused of, the statute of limitations may apply and therefore be a grounds for dismissal. Second, the fifth amendment to the US Constitution prevents something called "double jeopardy" -- meaning that you cannot be tried twice for the same crime. Depending on the original resolution of these charges 30 years ago, double jeopardy may apply as a basis for dismissal as well. Nevertheless, you should consult with and/or retain a criminal defense attorney to discuss this matter and evaluate the merits of any possible defense that is available to you.
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