There are actually several different ways in Los Angeles County criminal courts for someone charged with a criminal case to potentially get the case dismissed.  One of the options is to go to trial, and if the client is found not guilty, then the case is dismissed. This possibility should give you hope and a sense of optimism.

Sometimes, through investigation and hard work, and in the right case, you can convince prosecutors to dismiss the case after it has been filed, assuming they have uncovered some new evidence that they didn't consider at the time of filing.

You have to realize that when they file a case, there are deputies who review all of this information.  They're usually seasoned.  They're not some new prosecutor.  So, they won't file a case unless they feel they've the evidence.

That said, often, the police officer or detective doesn't conduct a thorough investigation. 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 has been 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 perform certain actions, and if they comply with these actions, the case will be dismissed.

Another option I've seen is Proposition 36, which allows the case to be dismissed after probation is completed and the person complies with all requirements.  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 guilty 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 will be dismissed.

There are various ways cases can be dismissed in Los Angeles. Still, it will obviously depend on the facts and circumstances of the case — who the defendant is, their prior criminal record, and what the prosecutors believe should happen in the case.  Your defense attorney can significantly influence these factors, providing you with a sense of reassurance and confidence.

So, if you've got a situation and you really feel like you need a dismissal here.  I don't want to 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, prosecutors file a case against someone.  They have the evidence to prove them guilty, and it's the type of case that is simply not going to be dismissed.  If that's your circumstance, you're thinking that you're going to get a dismissal is simply not realistic and is unlikely to happen; an attorney needs to tell you the truth if it's the case.

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. You have our full support.