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onenote

(46,228 posts)
3. Actually, if the indictment is dismissed because of a legal defect, it can be refiled within 6 months,
Tue Oct 14, 2025, 12:51 PM
Oct 2025

notwithstanding the expiration of the statute of limitations.

See the following from the DOJ Criminal Resource Manual

655. Statute of Limitations and Defective Indictments -- Superseding Indictments

If an indictment is dismissed because of legal defect or grand jury irregularity, the government may return a new indictment within six months of the date of dismissal or within the original limitation period (whichever is later). After the original limitation period has expired, a superseding indictment may narrow, but not broaden, the charges made in the original indictment. See 18 U.S.C. §§ 3288-3289; United States v. Miller, 471 U.S. 130 (1985); United States v. Grady, 544 F.2d 598 (2d Cir. 1976).

https://www.justice.gov/archives/jm/criminal-resource-manual-655-statute-limitations-and-defective-indictments-superseding

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