Occasionally I rock.

[kairon_gnothi]

I just returned from Court.  After eighteen months of prosecution, two discovery-related court dates, and three prior trial dates (at which nothing happened, and a new trial date was selected), the ADA nolle prossed the case.

A nolle pros (a little bit shorter for 'nolle prosequi', and pronounced 'null prahs') is the lite beer of dismissals.  It

Comments

[wayman]

The downside is that the Commonwealth could refile a new complaint in the future if they get more evidence. Double jeopardy does not begin until a jury is impanelled.

Is there a statute of limitations after which they can no longer refile? Eighteen months have passed since they started action on this prosecution; does the statute run from the date of the alleged offense, from the start of the prosecution, or (worst case) from the nolle pros?

[kairon_gnothi]

Conspiracy is a little odd, since it usually involves a course of conduct; the statute of limitations runs from the date upon which the conspiracy was fulfilled, terminated or frustrated(for instance, by an arrest in medias res).

While the time spent during a prosecution tolls the statute of limitations (so that a trial can occur long after the period expires), I suspect (but do not know for certain) that once nolle prossed, no tolling exists. So the Commonwealth has six years from the arrest to refile if they intend to do so (barring other tolling events).