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Offlineindigo_mercury
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Registered: 09/25/07
Posts: 4
Last seen: 15 years, 7 months
Re-file a dismissed case
    #7474016 - 10/01/07 01:29 PM (16 years, 3 months ago)

I had a felony drug case in missouri for research chemicals but was charged with cocaine untill the lab report came back. My case has been dismissed in court because the lab report took too long to come back and they dont have enough evidence to prove anything in court at the moment or a lab report to re-arraign me on the charges for the actual drugs i had. How long does a prosecutor normally have to re-file for new charges if the lab report comes back or they find new evidence? I had alot of research chems and 2cb and 5 meo dipt are both specifically scheduled in missouris statutes so thats the only reason i worry about the report coming back but i heard from my aunt who is a federal police officer that most likely they wont refile and not only that the main prosecutor who handles drug cases is quitting in one month so if the lab report does come in my lawyer says the regular prosecutor might not mess with it because its a complicated case and i had my lawyer throw out the plea bargain i sighned, since i didnt sighn it in front of a judge its not a legal plea agreenment from what i understand anyways. Anyways how long do they have to refile?


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Invisiblewps
Well-PaidScientist
Male

Registered: 09/22/07
Posts: 579
Re: Re-file a dismissed case [Re: indigo_mercury]
    #7474119 - 10/01/07 01:50 PM (16 years, 3 months ago)

depends on your state

in mine its 2 years


--------------------
"America touts itself as the land of the free, but the number one freedom that you and I have is the freedom to enter into a subservient role in the workplace. Once you exercise this freedom you've lost all control over what you do, what is produced, and how it is produced. And in the end, the product doesn't belong to you. The only way you can avoid bosses and jobs is if you don't care about making a living. Which leads to the second freedom: the freedom to starve."

- Tom Morello


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Offlineindigo_mercury
Stranger


Registered: 09/25/07
Posts: 4
Last seen: 15 years, 7 months
Re: Re-file a dismissed case [Re: wps]
    #7474658 - 10/01/07 04:44 PM (16 years, 3 months ago)

thats what i thought my issuance due date is 12/19/09 so that makes it at about 2 years thanks for the input.


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Invisiblejohnm214
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Folding@home Statistics
Registered: 05/31/07
Posts: 17,582
Loc: Americas
Re: Re-file a dismissed case [Re: indigo_mercury]
    #7492541 - 10/06/07 08:19 PM (16 years, 3 months ago)

Well it depends on the state, it's entirely statute-specific. That said, if they don't send it to a federal lab, its possible they don't know what it is if you didn't cop to it.


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