Q: I would like to know at what point can an examining trial be requested if a case has not been filed?
The arresting officer deemed the charge as a Misdemeanor, but was changed, somehow, to Aggravated Assault wi a deadly weapon, somehow, based on hearsay evidence.
A: If no case has been filed or indicted then the court will not have jurisdiction to conduct an examining trial. Call a local defense attorney today for a free consultation. Aggravated Assault with a Deadly Weapon is a serious felony offense with the potential for serious felony time. Don't go through this alone.
A: If your case has not been filed you cannot have an examining trial. If the State does not file the case within the allowed statute of limitations they will be barred from future prosecution. Misdemeanor case is 2 years from the date of the offense, felony charge is a minimum 3 years from the date of the offense.
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