In a meeting with the solicitor he stated that he would is going to dismiss the charges with leave to restore. When explaining his reasons why, he stated that my co defendant who left the state is not cooperating and is determined not to come back. From my understanding of dismissing with leave to restore the state has up to ten years to reinstate the charges especially if I have any run in with law enforcement. This case is going on 4 years so he'd have 6 years remaining with the option to restore. I declined the offer and opted for a speedy trial basically giving the state 180 days to bring the case to trial or dismiss with prejudice. Dismissing with leave to restore bars me from seeking any redress due to my civil rights being violated during this case. I'm 100 sure of my innocence in this case. Once found not guilty can I still have my redress brought before the courts or do I need to file my 1983 action now to preserve my issues on the record until after the trial is complete?
This is not a criminal defense question, but a question concerning a federal civil rights violation. I will change the topic to civil rights and direct to the attorneys that practice in that area on Avvo.
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