Statute of Limitations, Drug Charges

Q.        What’s the statue of limitations of getting rearrested and recharged for a drug case if it was thrown out? Is there a statue of limitations on getting recharged on a drug case if it was thrown out?

A.        If the case was withdrawn or nolle prossed (adjudicated), it can be filed again . If it was dismissed or you were adjudicated not guilty, it cannot be filed again. If it can be re-filed, the statute of limitations could be 2 or it could be 5 years, depending on the weight of the narcotics. You may have a defense under Rule of Criminal Procedure 109 and 110 based on what is similar to a double jeopardy argument if the case was adjudicated.