Felony Dismissal - Can it be refiled in NC? The dismissal notice of reinstatement is noted as Dismissal.

Asked almost 2 years ago - Cramerton, NC

(The dismissal with leave section is not checked its the dismissal section only.) Cops are on video tape accepting emails and other documents that proved my accuser was lying but the cops destroyed / concealed those items from the DA's office. I spent 8 months in jail with a B1 charge and had multiple plea offers including the last one of misd simple assault with no jial time and no probation which I refused too. Can they still charge me if they get a wild hair again?

Attorney answers (2)

  1. Dustin R. T. Sullivan

    Contributor Level 14


    Lawyers agree

    Answered . If the case never went to trial then the State of NC can refile the charges without double jeopardy attaching. This seldom happens though. If it does, quickly retain an attorney!

    Call Trial Attorney Dustin RT Sullivan at (910) 508-2200 or visit us at www.sullivansnowlaw.com to find out more.
  2. Damon John Chetson

    Contributor Level 14


    Lawyer agrees

    Answered . There is no statute of limitations for felonies in North Carolina. If the prosecutor simply filed what's called a "long form" dismissal, then the charges can be refiled.

    This is rarely the case, because your attorney would then have a field day with the case: "At one point, officer, isn't it true that the state dismissed these charges?"

    So, unless they come up with dramatic, new evidence that proves your guilt, it's unlikely for the charges to be refiled, though they could be.

    Raleigh criminal lawyer Damon Chetson represents people in Raleigh, Cary,... more

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