Under What Circumstances Can A Judge Dismiss A Criminal Case In Los Angeles?
Believe it or not, there are a number of different circumstances that give a judge in Los Angeles the opportunity to dismiss a criminal case. One such circumstance is right at the beginning of the case.
If the prosecutors file a criminal case in one of the courthouses, they don't have any facts to support the case, and even if the judge reads the police report, they will conclude that this is not a crime. I wonder why these guys filed this case. Under those circumstances, the judge could dismiss the case.
The vehicle to get this done is called a “demur.” The defense would file the demur. The judge would review whatever documents are available, and then the judge can make the decision to not file the case because this is a circumstance where they don't have any evidence supporting a criminal complaint. They don't' have any evidence supporting these charges.
Another area where I've seen criminal cases dismissed is prosecutorial misconduct. Let's say the prosecutors cheat in some way. They need to turn over some information that they're supposed to. They suborn perjury from a witness. In many areas, misconduct can occur through the prosecutors, which can cause a case to be dismissed.
Insufficient Evidence at Preliminary Hearing
Another area where I've seen dismissals occur in criminal cases by way of a judge is after the preliminary hearing. At a preliminary hearing, the judge is going to listen to all of the evidence and then is going to decide.
Did the prosecutors meet every element of each of these charges? If one of the necessary elements in a criminal charge is not met, it is the judge's duty after a preliminary hearing to dismiss those charges. If after the dismissal is granted, there are no charges left, then the case will be dismissed, and the person can move on.
Another area that's ripe for dismissal is after a preliminary hearing. If the judge refuses to dismiss the charges, the defense can file a “995 motion,” which the next judge in the trial court hears.
Basically, what you're saying to that judge is that they put on the evidence. We challenged the evidence, and now all that's remaining in the criminal case is for you to dismiss it because that other judge was wrong. They didn't have enough evidence. Please grant our 995 motion, and then the trial court judge can also dismiss the case.
In another area, believe it or not, a judge can dismiss all charges after the prosecutors put their case in a jury trial. Before it gets to the defense's case, the defense can file an “1118 motion,” which is a motion saying the prosecutors put on their testimony.
It's a jury trial. Judge, you now make the decision. They don't have a case here. Keep it from getting to the jury, and if the judge grants the 1118 motion, the case can be dismissed. Also, if a jury finds a defendant not guilty after a jury verdict, then the judge would be obligated to dismiss the case and grant the defense's motion to dismiss the case.
Also, a prosecutor can tell the judge, you know, Your Honor, that we are unable to proceed with this case because we do not have the evidence on this case, and therefore, we are unable to proceed. The defense can tell the judge, Your Honor, we're asking the court to dismiss the case, and the judge could grant the defense's motion to dismiss the case.
Consult with our Criminal Lawyers
Believe it or not, the circumstances by which a criminal case can be dismissed are many, but of course, there's going to have to be some facts and circumstances and a right angle. The only way you'll get that dismissal in a criminal case if that's what you seek, is through a top-level criminal defense attorney.
I put videos on my website to discuss these issues. I write all of my own content because I want people to know what it's going to take to get that dismissal. When they hire me, we're going to do everything we can to get it if that's what the mission is.
