Q: What happens if your criminal conviction is overturned and the statute of limitations has expired. Can you be retried?
Habeas Corpus may overturn my conviction. I want to know if you can be re-prosecuted if the statute of limitations on the underlying criminal act has passed. Please cite at least one example of case-law.
A: The Statute of Limitations is satisfied when the charge is filed. The case does not need to be completed, it just has to be brought and any warrant executed or charge filed.
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