There are a variety of ways a criminal case can be dismissed.  First and foremost, sometimes people will get confused.  They might be being investigated for a crime.  Nobody has filed a crime against them, and they're discussing trying to get the whole thing dismissed before the prosecutor has even reviewed it.

So, that's the first distinction to understand: until the prosecutors have actually filed a criminal case, there is no case to dismiss.  You're just looking for a non-filing, and often, people hire me pre-filing to try to speak with the prosecutors and police, providing them with mitigating information — even exculpatory information that shows the person is innocent — in an effort to avoid a filing altogether.

So, that wouldn't be a dismissal because, technically, no case is filed.  It's just a non-filing.  Sometimes, cases are rejected by the District Attorney or City Attorney's office because they don't believe they can actually win the case.  Even though the police might think they have a strong case, they are not lawyers.

All they can do is arrest people for crimes, either take them to court, cite them to appear in court, or set bail for them. Still, ultimately, it's the prosecutors who decide whether a case will be filed and, if it is, whether it will be dismissed.

Preliminary Hearing – 995 Motion to Dismiss

There are various ways to dismiss a case. One way I can think of is that in a felony case, after the case is filed, the person is prosecuted, pleads not guilty, and then has a preliminary hearing.

This is essentially a hearing to establish that there is a prima facie case and that the prosecutors can prove their case to a reasonable standard of suspicion. After that, if the person is held to answer, the new judge in the trial court reviews the case, and the defense files what is called a 995 Motion, which is a motion to dismiss the case after a preliminary hearing. The judge could then grant the motion and dismiss the case.

In that scenario, the prosecutors could refile the case if it were dismissed again, and that would be the end of it.  They would no longer be able to proceed.

Another dismissal is that a judge in a jury trial could grant a defense attorney's motion to dismiss the case after the prosecution has presented all of its evidence. If the jury had been empaneled and the judge had dismissed the case under those circumstances, then the prosecutors could not refile the case, and that would have been the end of the case.

Negotiation with Prosecutor To Dismiss Case

At times, I've seen prosecutors gather all the information from the police,  review it,  and file a case.  Then, I get hired on the case.  I review the evidence and can point out some information, whether it be through witnesses or other information that the prosecutors were unaware of when they made the filing decision on the case, that suggests the police were either too lazy or simply didn't investigate.

Under these circumstances, the defense attorney plays a crucial role in advocating for the defendant and presenting the case in a way that convinces the prosecutor to dismiss the case. This process is a testament to the fairness of the legal system, where the defense attorney's role is to ensure that justice is served.

Sometimes, cases can be dismissed as part of a diversionary deal. A diversionary deal is a legal agreement where the defendant agrees to certain conditions, such as attending counseling or performing community service, in exchange for the dismissal of their case.

This can be a beneficial option for some defendants, as it allows them to avoid a criminal record and the potential consequences of a conviction. Additionally, once a person completes their probation in a case, whether it is a felony or a misdemeanor, motions can be filed to have the case dismissed.

There are a variety of ways a case can be dismissed. This variety ensures that you are well informed and prepared for the legal procedures involved.

Also, when the prosecutors file the case, if you look at the complaint on its face and at the facts and you don't really see that there's a crime that's been filed—even if what they put in there is true—in a criminal case, the defense can file a demurrer. If the judge grants the demurrer, then the case would be dismissed. This comprehensive understanding of the dismissal process empowers you to navigate the legal system with confidence.

I can think of numerous ways and numerous Penal Code and Evidence Code Sections that can be used to dismiss a case. Obviously, not all of these Sections apply to every single criminal case. Each case is unique and hinges on its specific facts.

So, if you've got a criminal case and you don't think the case is properly filed against you — you think you're innocent — then you need to get an attorney who knows how to win a case, knows how to get a case dismissed.

And, of course, the ultimate dismissal of a case is when the jury returns a not-guilty verdict. This is the goal we strive for, and it's a possibility that should give you hope and optimism. The prospect of a not-guilty verdict is a beacon of hope in the legal process, a light at the end of the tunnel that can guide you through the challenging times.

The case is dismissed, and you are released to go home. You can tell everybody that you are a free man, that you should never have been charged, and that's why you were found not guilty.