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Answered . Just because your case has been nolle pros's does not mean that you cannot be recharged. Depending upon the type of offense you are not entitled to formal discharge from prosecution until after the speedy trial time has ticked and the Court formally discharges you or the SOL (statute of limitations) passes. In the case of a felony the speedy trial time is 175 days from the date of arrest and it is 90 days in the case of a misdemeanor. In regards to the SOL its 1 year for a 2nd degree MM, 2 years for a 1st degree MM, 3 years for either a 2nd or 3rd degree felony, 4 years for a 1st and none for life or capital cases.
When it comes to subpoenas you are compelled to appear and to answer unless your answer would violate a recognized privilege (the 5th Amendment being one of them). In your case if it is possible that your testimony could re-incriminate you then you could properly "plead the 5th". You are also free to testify if you so choose. Who subpoenaed you is also an important factor. If it is the State then the subpoena might afford you some immunity, if it is the defense then not so much.
The bottom line is that, like Michael Corleone, no matter how you try to get out they just keep sucking you back in.... You should get ahold of the attorney who represented you and run the subpoena by her/him. Let your lawyer make a few calls and then make the call as to what you should do.
Testimony under oath is potentially damning, but then again so too can be refusal to testify.
Either way best of luck!
When it comes to subpoenas you are compelled to appear and to answer unless your answer would violate a recognized privilege (the 5th Amendment being one of them). In your case if it is possible that your testimony could re-incriminate you then you could properly "plead the 5th". You are also free to testify if you so choose. Who subpoenaed you is also an important factor. If it is the State then the subpoena might afford you some immunity, if it is the defense then not so much.
The bottom line is that, like Michael Corleone, no matter how you try to get out they just keep sucking you back in.... You should get ahold of the attorney who represented you and run the subpoena by her/him. Let your lawyer make a few calls and then make the call as to what you should do.
Testimony under oath is potentially damning, but then again so too can be refusal to testify.
Either way best of luck!
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