Thursday, December 15, 2011

What does it mean when they say that a prosecutor has taken your case, "under advisement"?

I had a drug related DWI arrest in Springfield, Mo on January 1st, 2010 and up to now no charges have been filed. I was told at the beginning of this by my lawyer that they could only prosecute it for one year from the date of the arrest. Since it's been over a year, I asked my attorney for a refund of the $2000 retainer and then, suddenly, I get a call back from the attorney's office telling me that the prosecutor has taken the case "under advisement". What does that mean? My attorney also said that it would be tried in municipal court (WRONG). I called the city prosecutor's office and they say that they never try drug related cases in city court and that it would have been forwarded to a state court. As of this date, no charges have been filed. If they do file, can I request a dismissal based on the speedy trial rights?

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