QUESTION
If charges were dropped and new ones are filed, does the entire legal process start over again?
Asked on Feb 07th, 2011 on Criminal Law - Montana
More details to this question:
My friend has been charged with aiding and abetting. This came as a deal, after the feds dropped charges for conspiracy against him. Does the process now start over? What happens? He is a prior felon and he is now facing 15 years because of this, but will he have to go back to court all over again now that the conspiracy charges were dropped and new charges were filed?
1 ANSWER
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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Yes, the U.S. Attorney likely dismissed the earlier case because they had some issues with their evidence, not enough, or they didn't want to disclose an on-going investigation; they needed to dismiss because of the speedy trial clock; once your friend was arrested or arraigned the clock started over again.
Answered on Feb 08th, 2011 at 7:28 AM