Q: My son had a case which ended up getting dismissed. Now, 2yrs later they have indicted him for it. (F4 handling firearm)
They issued a warrant but told him over the phone he just needs to come to the court to receive the indictment and set a court date and he won't be arrested at that time, is this true or a trick? Also, what should he do concerning going forward with the charge/indictment? The case was closed, now it's opened and is pending? He just turned 20yrs old and this is close to 2 yrs ago. We contacted his public defender that represented him with this case that was originally dismissed and haven't heard anything back. This (indictment) is coming out of Madison County Ohio. Are they allowed to do this? What should he do? What time if any will he be looking at if this goes forward. He has no prior criminal trouble/charges. He has received his HS Diploma. He has a good job and is trying to get his CDL's.
A: Your son should hire a local defense attorney and follow his or her advice. The statute of limitations on a felony charge is 6 years so while 2 seems like a long time, it is far from being precluded.
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