State v. S.D
State v. S.D
Client was arrested and charged with Aggravated Assault with a Firearm following an alleged “road rage” incident in a parking lot. The complaining party alleged that S.D. discharged the firearm, meaning the State could seek a 20-year minimum mandatory. After reviewing the charged offenses, James Boyle realized that the charged offense was not properly filed within the applicable Statute of Limitation. Despite this fatal defect in the charge, the State Attorney’s Office refused to drop the charge, so James Boyle filed a Motion to Dismiss, which was granted by the trial court. Accordingly, all charges were dismissed and S.D. can never be prosecuted for these allegations again.