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Ways to Dismiss a California Criminal Case

Posted by Ronald D. Hedding, ESQ. | Nov 25, 2019

There's a whole host of ways that 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 talking about trying to get the whole thing dismissed when the prosecutor hasn't even gotten their hands on it yet.

So, that's the first distinction to understand, which is that until the prosecutors have actually filed a criminal case, there's no case to dismiss.  You're just looking for a non-filing, and a lot of times, people hire me pre-filing to try to speak to the prosecutors and police and give them mitigating information — even exculpatory information that shows the person is innocent in order 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 good case, the police are not lawyers.

All they can do is arrest people for crimes, either take them to court, cite them to court, or put bail on them. Still, ultimately, it's the prosecutors who decide whether or not a case is going to be filed and, if it is filed, whether or not it's going to be dismissed.

Preliminary Hearing – 995 Motion to Dismiss

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

Ways to Dismiss a California Criminal Case

This is basically a hearing to establish that there's a prima facia case and that the prosecutors can prove their case to a reasonable suspicion. After that, if the person is held to answer, the new judge in the trial court looks at the case, and the defense files what's called a 995 Motion, which is a motion to dismiss the case after a preliminary hearing, the judge could grant the motion and dismiss the case.

In that scenario, the prosecutors could file the case one more time if it was dismissed again, and that would be the end of it.  They wouldn't be able to proceed anymore.

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

Negotiation with Prosecutor To Dismiss Case

Other times, I've seen prosecutors get all the information from the police.  They review it.  They file a case.  I get hired on the case.  I go in there.  I review the evidence, and I'm able to point out some information — whether it be through witnesses or other information to the prosecutors that they didn't know about when they made the filing decision on the case — that the police were too lazy or simply just 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.

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. Also, once a person completes their probation in a case—whether it be a felony or a misdemeanor—motions can be filed to get the case dismissed.

So, there's a whole host of different ways that 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, and if the judge grants the demurrer, then the case would be dismissed.

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 different and spins on its 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 comes back with a not-guilty verdict. This is the goal we strive for, and it's a possibility that should give you hope and optimism.

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

About the Author

Ronald D. Hedding, ESQ.

Ronald D. Hedding, Esq., is the founding member of the Hedding Law Firm. Mr. Hedding has an extensive well-rounded legal background in the area of Criminal Law. He has worked for the District Attorney's Office, a Superior Court Judge, and as the guiding force behind the Hedding Law Firm. His multi-faceted experience sets Mr. Hedding apart and puts him in an elite group of the best Criminal Defense Attorneys in Southern California.

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