Question:

I was charged with leaving the scene of an accident in 4/11 finally had the charges dropped with out prejudice leaving them able to refile the charges. I was contacted by the constable because they needed to serve papers so I went online and found out that they filed new charges of criminal damage. This was a road rage incident and the person chasing me rear ended me. The other party said they would not pursue if I paid for damages in the amount of 3000 plus. My insurance refused to pay for thier repairs becasue they say they were at fault. The other party and their insurance never contacted my insurance I did. What can I do and can the prosecutor do this??????

Answer:

The prosecutor can elect to file charges if sufficient probable cause exists to establish that an offense was committed, you committed the offense, and the offense is barred by the statute of limitations. The timeline for the statute of limitation varies by state and felony level, and in some instances, may not exist at all, which means charges can be filed at anytime (i.e. murder). Since the alleged offense occurred in 2011, your offense is not barred by the statute of limitations. As long as the judge or grand jury found the existence probable cause, the charges will remain and must be resolved through the judicial process. It’s always wise to consult an attorney if you’ve been charged with a crime. I hope this information helps. Good luck!

Verdura Law Group PLLC
http://blog.verduralaw.com
602-421-0515

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