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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
