DISMISSED CASE

M1 · 06-11-2012, 10:18

Hopefully someone can help with this.

In a case of allegedly,' illegally pointing a firearm', which was provisionally dismissed; what does provisionally mean, and is there a statute of limitations applicable and what would it be ? ?

**Jaco Hough** · 06-11-2012, 10:26

We can always re-instate. Only way a case is truly "dead" is if you have been found guilty or not guilty..

**Skaaphaas** · 06-11-2012, 10:39

Jaco, by "we", what do you mean? Are you a prosecutor?

To the OP: are you sure it is "dismissed" and not withdrawn? Usually cases will be provisionally withdrawn, pending outcome of something else, or for further investigation, etc.

As Jaco says, the suspect can always be charged again, but for the moment he is seen as "not charged", an therefore not guilty until proven otherwise.

M1 · 06-11-2012, 10:41

Originally Posted by Jaco Hough

We can always re-instate. Only way a case is truly "dead" is if you have been found guilty or not guilty..

Thanks, so if I understand correctly always means there is no statute of limitations.

**Jaco Hough** · 06-11-2012, 10:43

Yeah, unfortunately never loved money enough to become an attorney. And yes I know it is only 99% of attorneys that give the other 1% a bad name...

M1 · 06-11-2012, 11:24

Originally Posted by Skaaphaas

Jaco, by "we", what do you mean? Are you a prosecutor?

To the OP: are you sure it is "dismissed" and not withdrawn? Usually cases will be provisionally withdrawn, pending outcome of something else, or for further investigation, etc.

As Jaco says, the suspect can always be charged again, but for the moment he is seen as "not charged", an therefore not guilty until proven otherwise.

The words used were "provisionally dismissed". Am trying to find out exactly what this means, and if there is a time limit involved.

**Skaaphaas** · 06-11-2012, 11:33

Jaco, good to know, which court are you working? Perhaps PM me, so that we don't derail the thread further.

M1, yes we do have something like the statute of limitations here, some crimes do "prescribe" and cannot be prosecuted, but the time periods for that are very long. 20 years after the commission of the alleged offence, the state cannot prosecute.

This does not apply to serious crimes, like common law rape, murder, etc.

I'm 99% sure they meant provisionally withdrawn. Dismissed is a word used in appeals and applications, and I've never heard of a provisional dismissal.

**Jaco Hough** · 06-11-2012, 11:40

If it is provisionally dismissed they probably meant provissionally withdrawn or if you want to be fancy the prosecutor could have written "Nolle Prosequi". Does not matter only a Guilty/Not Guilty ends a matter.
There is no real time limit once a case has been witdrawn. But if to much time has elapsed, years, then you can argue it would be unfair to recharge someone. In case like you described the complainant will normally be back in few weeks with a few "new" witnesses.
If that does not happen, it is normally the end. However keep all your documents and if you have witnesses, take statements and file it away.
You would be surprised at how many "dead" cases have gotten up out of File 13....

M1 · 06-11-2012, 11:43

Many thanks for the info and advice gents.

**uBestRi** · 06-11-2012, 19:30

I was thinking about pointing cases just yesterday, so good timing.
The conclusion I came to was this, do you think its right?
Somebody attacks me in my house.
I pull and point a FA.
He runs.
He takes it to court (hypothetical).
I'm in the clear because 1) the law says I may "use" my FA under those circumstances, and 2) "use" includes pointing.

?