im researching a paper about the law, and i need to know how long after someone files a complaint with the court will the charges be dropped? (the case be closed?)
*** just where the person breaks the law***
the case would not be pursued but the complaint would be filed, when would the complaint not be eligible to appear in court anymore?
i heard it was three months but im just wondering.
2007-05-01 08:27:18 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
For criminal matters, you have two limitations.
One is the time limit on making the arrest, which depends on the crime and state law. This is the "Statute of Limitations". The time limits vary, and some run from when the crime is committed, others from when it is discovered, and some like child abuse from when the victim reaches a certain age. Some, like Murder, have no statute of limitations.
The other is the "Speedy Trial Rule". Generally, after one is charged with a crime, they have to be brought to trial within a year, excluding any delays not caused by the prosecution (Defense requests for Continuance, Defendant jumping bail, Defendant in Mental Hospital or incarcerated out of the jurisdiction, etc.)
2007-05-01 08:34:29 · answer #1 · answered by open4one 7 · 0⤊ 0⤋
It depends on where your at and the complaint. Many Judges felt that when a complaint is filed, usually domestic, that all too often charges were dropped because of a type of coercion. What they started doing is charge a penalty and hold the charges for 30 days or so, in case the incident happens again, they have it documented.
Wives were getting beat up by their husbands, charging them, then dropping them later when their husbands talked them out of it.
Again this deals with civil charges only. In a criminal case, if the charges are dropped, its over right then and there.
2007-05-01 08:33:12 · answer #2 · answered by George C 4 · 0⤊ 0⤋
it depends on where you live. it also depends on whether or not the defendant answers the complaint. in Michigan, we have 21 days to answer a complaint. if you do not answer it, you are in default. but a complaint is different from "charges" in the common sense of the term. when i hear "charges," i think "crime." when i hear "complaint," i think "civil." yes, criminal cases have a complaint, but the term is used more frequently for civil cases. either way, they case can be dropped at anytime by the party who brought the suit (i.e., prosecuting attorney or plaintiff). Or it can be dropped by the judge after a hearing, motion or trial. the length of time depends on the laws of your state. if i were you, i'd tell everybody your state so you can stop getting the same, unhelpful answer :)
2007-05-01 08:50:08 · answer #3 · answered by sexy law chick 5 · 0⤊ 0⤋
It varies from state to state.
2007-05-01 08:35:18 · answer #4 · answered by Anonymous · 0⤊ 0⤋