There are actually a lot of different ways in Los Angeles county criminal courts when someone's charged with a criminal case to get the case dismissed.  Obviously, the one that you would probably think of off the top of your head is to go to trial and if the client is found not-guilty then the case is dismissed.

Sometimes, through investigation and hard work and the right case, obviously, you can convince the prosecutors to dismiss the case after they file it, assuming they have got some good stuff that they didn't consider at the time they filed it.

You have to realize that when they file a case, there are deputies who are looking at all of this stuff.  They're usually seasoned.  They're not some new prosecutor.  So, they're not going to file a case unless they feel like they've got the evidence.

That said, a lot of times, the police officer or detective doesn't do a thorough job investigating. They don't bring all of the facts to their attention, they don't speak to all of the witnesses, and then they only present half the story to the prosecutor, so it's really the prosecutor's fault that they make a mistake and file the case.

Deferred Entry of Judgment – California Proposition 36

Another vehicle that can be used to dismiss a case once it's filed is something called “deferred entry of judgment.”  That's where somebody pleads guilty to a case.  The case is put over for a year, for example.  The defendant is ordered to do certain things and if they do those certain things, the case is dismissed.

Another option that I've seen is Proposition 36, which allows the case to get dismissed after probation is over and the person does everything.  This usually has to do with a drug-related offense.

Another potential route to dismissal is 'diversion.'  In this process, the defendant doesn't plead to the case.  Instead, the case is postponed, and the defendant is given specific tasks to complete. If these tasks are completed without any new arrests, and the defendant adheres to the prosecutor's conditions, the case is dismissed.

There are different ways that cases can get dismissed in Los Angeles. Still, obviously, it's going to depend on the facts and circumstances of the case — who the defendant is, what their prior criminal record looks like, and what the prosecutors think should happen in the case.  Obviously, your defense attorney can impact that.  The judge can impact that.

So, if you've got a situation and you really feel like you need a dismissal here.  I can't have a situation where I end up with a conviction.  It will ruin my job, my life, my family. You're going to need to sit down with a criminal defense attorney who has experience handling the type of case that you have pending against you and can really give you an honest assessment about whether a dismissal is even something that makes any sense related to your case.

Sometimes the prosecutors have filed a case against somebody.  They've got the evidence to prove them guilty and it's the type of case that's just simply not going to get dismissed.  If that's your circumstance — you're thinking that you're going to get a dismissal is simply not realistic and is not going to happen and an attorney needs to tell you that if it's the truth.

Whether you're seeking a dismissal or representation, know that you're not alone in this. If you're ready to discuss your case, pick up the phone and call the Hedding Law Firm. We're here to listen, understand your situation, and do everything we can to help you.