What Are Common Reasons for a Case Dismissed?
There are a number of reasons why a prosecutor or a judge may dismiss a criminal case. A skilled defense attorney will be able to identify legitimate grounds for dismissal. They include but aren’t limited to:
- The statute of limitations has expired.
- The defendant’s constitutional right to a speedy trial has been violated.
- Prosecutorial misconduct.
- Witnesses are uncooperative or the victim recants.
- Scientific analysis, such as DNA test results, reveals new information.
- The defendant has agreed to work with the government in exchange for a dismissal.
- Violation of the double jeopardy clause.
- Prosecutorial discretion.
Can a Dismissed Case be Reopened?
It depends. If prosecutors dismissed the case “without prejudice,” they can refile charges any time before the statute of limitations has expired – that is, they can reopen it if they are able to overcome whatever caused the dismissal in the first place. If the case is dismissed “with prejudice,” the case is over permanently. The case cannot be re-filed and you are in the clear. Check out this video by Board Certified Criminal Defense Attorney Anna Summersett to understand the difference and what it means to you.
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If My Case Gets Dismissed Will I Still Have It On My Record?
Yes, unless you take additional action. Many people wrongly believe that if they have a case dismissed then it automatically comes off their record. The fact of the matter is that the arrest will stay on your record unless you obtain an expunction or nondisclosure — legal mechanisms that allow your record to be destroyed or sealed. Until you get an order granting an expunction or nondisclosure, your arrest will remain a matter of public record and could adversely affect your life, including your ability to get a job or secure a home loan, among other things. Board Certified Criminal Defense Attorney Benson Varghese explains how to remove the arrest from your record in this video.
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If you think your case has grounds for dismissal, or if your case has already been dismissed and you need an expunction or nondisclosure, contact Varghese Summersett PLLC today at 817-203-2220. We can help.
Get an expunction or nondisclosure.
Source: https://t-tees.com
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