After a Federal Case is Dismissed without prejudice and time has passed how long before they can try to indict you or re-instate

Asked about 1 year ago - Jersey City, NJ

My dad was arrested in Dec 2012 on fraud charges. He was taken from the Bronx to Albany where they said the crime occurred, that's where my dads nephew lives and is cooperating with the government. While cooperating my fathers nephew implicated me and my husband (we have no criminal records) we had just moved to NJ and my Dad was staying with us and his Nephew came over quite often, so therefore used technologies in our home, to which I never questioned. The day my day was arrested Homeland Security followed me to the doctor with my kids and escorted me from there back to my apt. with a search warrant. Any way my husband and I were arrested in Mar 2013 and case was dismiss Jul 2012 now the attorney is saying the prosecutor wants to take the case to a Grand Jury with the same evidence

Attorney answers (6)

  1. Ronald J Brandmayr Jr

    Contributor Level 12

    3

    Lawyers agree

    Answered . If I understand your question, the feds had the case first and decided not to prosecute, but the State of New Jersey does want to prosecute. The state is bound by the statute of lmitations -- five years--calculated from the date of the offense.

  2. Mark M Cheser

    Contributor Level 20

    3

    Lawyers agree

    Answered . NJ can charge you for an offense committed in NJ within the SOL. I suggest strongly retaining an experienced criminal defense attorney to assure all positive evidence is presented to the prosecutor before the GJ.

  3. Stephen F Wallace

    Contributor Level 19

    2

    Lawyers agree

    Answered . Under 18 USC § 3282 a Grand Jury must issue a Federal indictment within five (5) years after the defendant committed the offense. But for conspiracy, the time does not start until: 1) the conspiracy ends, 2) a participant’s last open act furtherance of the conspiracy, or 3) the defendant’s withdrawal from the conspiracy before the objective is attained.

  4. Timothy Foster Lloyd

    Contributor Level 11

    2

    Lawyers agree

    Answered . Even if you did nothing wrong you should get an attorney involved right away. The statute of limitations on fraud begins with the discovery of the fraud. Especially if crimes occurred in more than one state, the decision of one state to not pursue charges is not binding on another state.

    This general legal advice does not create an attorney-client relationship. Every case is individual and to have... more
  5. Kathryn Mary Holton

    Contributor Level 18

    2

    Lawyers agree

    Answered . Its wise not to give detailed fact information on this public forum unless you want the Prosecutor to know it! Work with an Attorney ASAP.

  6. Raymond George Wigell

    Pro

    Contributor Level 19

    Answered . I concur with my Avvo colleagues. Consult and retain an experienced federal criminal defense lawyer ASAP.

    Of course, every answer is based on the question asked and requires a complete context. This answer should NOT be... more

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