Rule 16.2 - Effects of Rulings(a) Effect of Granting Motion Based on Defective Charge. If the court grants a motion to dismiss based on a defect in instituting the prosecution or in the charge, the court may: (1) order the defendant released; or(2) upon motion of the prosecuting attorney and upon a finding by the court of probable cause, order the defendant's continued detention; or(3) if the defendant is free on bail or recognizance, order the continuation of such bail or recognizance for a reasonable time to afford the prosecutor an opportunity to file a new charging affidavit.(b) Motion to Suppress. If a motion to suppress is granted, any suppressed property that was seized shall be restored to its rightful owner, unless otherwise subject to lawful detention. However, no firearm shall be returned to a convicted felon.(c) Statutes of Limitations Tolled. The running of the time prescribed by an applicable statute of limitations shall be tolled by the issuance of the indictment until such time as the court grants a motion to dismiss based on a defect in the commencement of the proceedings or in the charge, unless the court, in granting the motion, finds that the state has not made a good faith effort to proceed properly and that the defendant has been prejudiced by any resulting delay.Comment
Rule 16.2(c) exists to avoid penalizing the state for an inadvertent technical error which has not prejudiced the defendant. Thus, if a motion to dismiss is granted due to a defect in the charge or in the institution of the prosecution, the time period for which the charging instrument was in effect is also tolled. Of course, section (c) is just one aspect of the law governing the running and tolling of a statute of limitations. See Miss. Code Ann. §§ 99-1-5 to -9.