On 27 Oct 2004 23:12:24 GMT, kscoinhutch@aol.com (Kscoinhutch) wrote:
Is there such a thing as "prosecutorial abandonment" of a criminal case, and if
so, what is the correct term?
Is there any caselaw on this subject, where the defense motioned for dismissal
after the prosecutor set the case for trial then later "abandoned" the case for
two years by not taking further action or bring the defendant to trial (but did
not drop the charge), then placed the case back on the docket two years later?
There are speedy trial laws and statutes of limitation. For example,
the prosecution may be required under a speedy trial law to proceed to
trial within 30, 45, 60, 90, or whatever days from when charges are
filed. A statute of limitations would require that prosecution be
commenced within a certain period (typically a small number of years,
except for major crimes) after the crime was alleged to have been
committed. There are exceptions: speedy trial rights can be waived;
statutes of limitations can be tolled (for example, because the
defendant is imprisoned on other charges, or because he absconded).
Only a lawyer familiar with criminal procedure in your state will be
able to advise you effectively or to mount a defense based on failure
to prosecute or statute of limitations.
--
Not a lawyer,
Chris Green
