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, when they file a case, there's filing deputies that 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, don'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 in the case.
Deferred Entry of Judgment – California Proposition 36 – Diversion
Other vehicles 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.
There's other ways to get cases dismissed. There's what's called “diversion.” That's sometimes where somebody doesn't plead to the case. The case is just put over. They're ordered to do certain things, and once they do those things and have no new arrests and they abide by whatever terms and conditions the prosecutor wants for a period of time, then the case is dismissed pursuant to the diversion resolution.
There are different ways that cases can get dismissed in Los Angeles, but 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, then 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.
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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.
So, if you want to discuss your case — you're looking for a dismissal or you're looking just for representation — pick up the phone and call the Hedding Law Firm. Make the call. We'll sit down and go over everything and I'll see what I can do to help you.