How long does it take the DA to indite of a 2nd Degree Felony assault with a deadly weapon?

Question

about a year ago i was involved in a mishap, where i felt like i needed to protect myself. i am a girl and a large fresh out of the penitary ex-con was verbally threatening myself and some friends. i went and picked up a pocket knife, NOT longer than my palm and held it DOWN to my side and told him that he needed to leave from in front of my friends apartment i did not verbally or openly threaten him with the knife. i then turned around and went into her apartment (this whole time the front door was open) and sat down, i could hear him getting louder outside and closer, he then head locked my female Friend pulled her off her porch and punched her 3 times in the face. i honestly spoke with the investigating detective who decided he couldn't decide what to do and handed the case over to his supervisor. his supervisor never spoke with me. about a month after i had gone in and spoken with the detective about it a warrant was issued for my arrest on 2nd degree assault with a deadly weapon (family violence too as their were kids around and about at the time). i have been to court 3 or 4 times and the DA wont indict me (i was told that its because there isn't "enough" evidence of assault) is that legal and is there anything i can do...??

Answer 1

As long as they're not holding you in prison, it's perfectly legal to not indict. Once enough time goes by (depends on the state you're in, but likely a few years for that) the statute of limitations will have elapsed, and they won't be able to indict you even if they wanted.

Answer 2

There is plenty of evidence for the assault...the issue is more a case of can they win on the evidence.  You were obviously protecting your friend and for a DA to file charges under these circumstances they are pretty sure that you would be a sympathetic defendant.  Most likely the only reason that they are even investigating the case is because the defense attorney for the ex-con wants to establish some sort of exigent circumstances for the assault and battery on your friend.

By having charges filed against you, the defense attorney can use them as a lever if you testify against his client.  

I would not worry about your case to much.

Answer 3

There is a statute of limitations in every state that means after about 72hours if you're not indicted you are to be released. After the courts feel that there's not enough evidence to prosecute they'll close your case. They can't recharge you that'ld be double jeopardy. Get a good criminal lawyer and don't sign anything. Did you hear me? DON'T SIGN ANYTHING!! The case would die out after a while or the charges would be lowered to your favor. Good luck!!!