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TCA 40-2-105

Suspension of statute because of irregularities in prosecution

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What does this charge mean?

If criminal charges are dismissed or thrown out because of problems with the indictment (such as it not being properly issued or not describing a real crime), and new charges are then filed, the time between the first and second charges does not count toward the statute of limitations deadline.

Penalty Details

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Penalty SummaryClassification not specified
When the judgment is arrested, or the indictment or presentment quashed for any defect in the indictment or presentment, or for the reason that it was not found by a grand jury regularly organized, or because it charged no offense, or for any other cause, or when the prosecution is dismissed because of a variance between the allegations of the indictment or presentment and the evidence, and a new indictment or presentment is ordered to be preferred, the time elapsing between the preferring of the first charge, indictment or presentment and the next subsequent term of court must be deducted from the time limited for the prosecution of the offense last charged.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

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TCA Section40-2-105