Can you be charged days later for assault and disorderly conduct the day of court the state adds affray?

Question

assault and affray were nolle pross in the state of md, disorderly conduct was given probation before judgement. Case seems very strange if you ask me but thought I would ask a MD expert.

if the officer was that threatened/scared he/she should not wait days later.

Thanks, very informative, I knew the assault and affray were more serious than the disorderly conduct and I also assumed that the DA added the affray only because they did not have enough evidence to convict on the Assault or Affray so the disorderly conduct was given a PBJ. THanks again

However, my problem with the affray was it was not added until the second court date when the witness's failed to show up nor was the evidence proven for assault so disorderly conduct was there only option. Good legal work I guess but just found it a bit strange.

Answer 1

Disorderly conduct is the lowest of these charges. It's perfectly legal for the DA to decide to NP the more serious charges, and replace them with a lesser one.

It would also have been legal, by the way, for the State to have charged disorderly conduct, and then add the more serious ones later.

Richard

Answer 2

With the current state of mind on Domestic Violence this type of action happens more than you think. As a safety valve for persons who have been abused and refuse to press charges many states have enacted legislation that requires the police to press the charges. The victim then has no say in the matter. I would suggest, at the least you consider getting into an anger management class as soon as possible. Also, hire an attorney. You are going to need one. If you show the court that you recognized you had a problem, and are taking steps to rectify the problem then they may withhold the trial pending successful completion of the anger management class. Also, if your husband discusses the case with the County Attorney and can satisfactorily reason with them that there is NOT a need to proceed, the charges may be dropped.

Answer 3

You can absolutely be charged days later. It's called a charging review. An officer submits the report to the attorney and then they decide if they want to press charges. If charges are brought than a supeona is issued and a court date set.

Answer 4

Hi there,

in England there are no limitation acts on criminal activity so you can be chagred as soon as somebody decides to do so, however long ago the crime.

Regards

Michael Cavanagh
London England