Can a criminal case with 6 felonies an 5 misdemeanors be dismissed ? The case has been going for over a year an its at the pre-trial stage w...

Question

Can a criminal case with 6 felonies an 5 misdemeanors be dismissed ? The case has been going for over a year an its at the pre-trial stage with no plea deal offer

Answer

Anything can be dismissed but don't count on it.

Answer

As a Former Deputy District Attorney and a Certified Criminal Law Specialist, with over 25 years experience, and handling 1OOO's of cases, it's unusual for offers not to be afforded to you, through your attorney. Cases can be dismissed, whether Felony or misdemeanors, if your attorney can show the prosecutor that the charges are not warranted. Hopefully you have spoken with your attorney the possibility of getting a private investigator on the case and doing other things to cut away at the district attorney's case. You should speak with your attorney about attempting to destroy the D.A.'s case. I wish you well..........David Wallin

Answer

The prosecutor can dismiss the case, which is what Mr. Wallin refers to. But you've offered no reason why she would want to do that.

Presumably you are thinking of a dismissal by the court, not by the prosecutor. That would only happen if the prosecutor makes very serious mistakes in handling the case. Here again, I see no reason to believe this has happened.

Many serious and/or complex cases take a long time to go to trial. That you are still at the pre-trial stage is not surprising. If you waived your right to a speedy trial -- which you almost certainly did -- then the passage of time does not entitle you to a dismissal.

Neither does the absence of a plea offer. The prosecutor isn't required to offer you a deal, so there is no consequence for not offering one. Your lawyer can propose a deal, or you can wait to see if the prosecutor will propose one. Such negotiations are normal, but they are also optional. You are not entitled to any relief at all -- let alone a dismissal of the entire case -- just because the prosecutor has yet to make a proposal.

It sounds like you might not have a lawyer. If you don't, you should get one right away. There is a lot at stake in your case, and you don't understand enough about the process to represent yourself effectively.

Good luck.