Legal Question in Criminal Law in Arizona

Is there a statute of limitations for refiling after dismiss w/o prejudice?

My ex-boyfriend was charged with (2) counts of misdemeanor Domestic Violence; knowingly causing injury and (1) count misdemeanor domestic violence. Due to some disorder and confusion in the deputy county attorney's office when we reached his trial date the prosecuter needed to have the charges dismissed w/out prejudice. It has been six weeks since that has occured and I'm worried there may be a time limit for refiling those charges against him. Is there a statute of limitations for refiling criminal charges after a dismissal without prejudice?


Asked on 4/19/03, 7:57 pm

1 Answer from Attorneys
Jason Lamm Jason D. Lamm Attorney at Law

Re: Is there a statute of limitations for refiling after dismiss w/o prejudice?

If the charges are misdemeanors, ARS 13-107 allows for refiling within 6 months of dismissal. I have won cases based on this statute. I currently have numerous domestic violence case ranging from disorderly conduct to stalking. Feel free to contact me directly.

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Answered on 4/19/03, 9:09 pm


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