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What does it mean if my case is now closed and disposition is "no charges filed/case vacated"
Anonymous2 views2 answers
I was arrested and charged with a 2nd DUI offense 3 weeks ago. I spent five days in jail and was released after receiving a no charges filed disposition during my in-custody arraignment.
Just recently, the online court records indicates that my case is now closed and the result says "no charges filed/case vacated".
I did not submit to a breathalyzer and I am still waiting on the blood results which is why I assumed I received a no charges filed pending the results of the test.
Why is my case now closed? Were the charges dropped? Can the case be re-opened once the results are back?
Apparently, the State Attorney's Office did not believe there was enough evidence to formally charge you with DUI. Although, with the Statute of Limitations, the State has at least 1 year (depending on whether it is a misdemeanor or felony charge) to formally charge you, this does not mean that you have to sit in jail for that amount of time waiting for the State to make its decision. Apparently, they chose to drop the charge and release you from jail. It is still possible that, depending on the results of the drug testing, the State will formally charge you at a later date.
I would suggest that you consult with a criminal defense or DUI attorney -- there are a lot of attorneys that offer a free initial consultation.
Good Luck.
My answer is based upon the limited facts provided. In both the Municipal Court in Las Vegas and the Justice Court for Las Vegas Township that handles the DUI's in Las Vegas that are outside of the City limits the blood tests on DUI's are delayed based upon the back log in testing the blood samples. Consequently, the case has not been dismissed, but the charges have simply not been filed. The State or the City has up to one year to file the charges. You should consult with an attorney to notify the Court that you are willing to answer the charge when and if it is filed. Othewise, the blood test could come back and the charges could be filed and a warrant could be issued for your arrest.