If you are picked up by law enforcment and brought to jail and released on bail but at the next hearing they cancelled can i still be charged with anything i'm out on bail and npo charges have been brought up in two weeks?
Answer
Yes, regardless of whether you are on bail or not, prosecutors in WI have the authority to charge virtually anything they want, at any time prior to the expiration of six years from the date of the offense. The six year statute of limitations can be extended for any years when you were out of state or otherwise not available for prosecution. Bail (or the lack thereof) does not have any influence upon such "prosecutorial discretion." I do not quite understand what you mean when you say "they canceled" at the next hearing, but would guess this means that the charges were dismissed. However, in most cases, a voluntary dismissal by the district attorney early in the history of a case would not prevent them from re-issuing the charges. Cases are often dismissed on a temporary basis due to unavailability of witnesses, etc., only to be pursued again later. If you are facing criminal charges, you owe it to yourself to retain an experienced lawyer, or ask that the court appoint one for you if you cannot afford one. My comments here are not intended as legal advice but are instead offered solely for public educational purposes. This answer does not create any attorney client relationship between us, although you are welcome to contact me at my Racine office for additional follow-up.
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