Let's say I'm on probation for Driving Suspended for the next 3 years, but the actual offense happened 3 years ago. If I file a Petition for Post-Conviction Relief, and successfully get the conviction vacated and remanded back for a new trial. Could the prosecution re-prosecute the offense or would they be barred by the statute of limitations?
SOL was satisfied when you were charged originally, so it would not bar reprosecution if you received post conviction relief that granted you a new trial or reversed the conviction without granting you an acquittal.
Yes, the case can be tried again and the statute of limitations does not apply. The statute of limitations is satisfied when you were charged with the offense. You were charged when the police officer issued the citation.
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Prosecution would not be barred by the statute of limitations in the situation that you have described.
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