Motions to dismiss ask the court to throw out a case in Los Angeles, California. Motions to dismiss can be used in either civil or criminal cases. Defendants can file a motion to dismiss in many situations. Can a plaintiff also file a motion to dismiss in California?
Generally, plaintiffs are allowed to file a motion to dismiss, as well. However, many people wonder why the plaintiff would choose to dismiss a case. Find out more about this process by checking out this article.
Facts About a Motion to Dismiss in California
Lawyers can file many different motions in a criminal or civil case in California. One of these motions is a request for the judge to dismiss a case. This motion can be filed only after an individual is officially charged with a criminal act.
Generally, individuals are charged at an arraignment hearing. This hearing allows the court to specifically state the charges an individual is facing. Individuals have to enter a plea during their arraignment hearing. They can plead:
- Guilty
- No contest
- Not guilty
After the arraignment, the court moves on with charging an individual. At this point, a motion to dismiss can get filed. As we mentioned, either the defense or the prosecution can file a motion to dismiss.
Motion to Dismiss and Legal Hearings in Los Angeles
After filing a motion to dismiss, a judge can consider the charges an individual faces in California. Note that, if the defense files a motion to dismiss, the prosecution has a chance to respond to this motion. The defense can use Penal Code (PEN) §991 or PEN §995 to file this motion. If the prosecution – or the plaintiff – does not respond, the court may dismiss the charges.
The plaintiff can also choose to request that the charges be dismissed. Note that if the defense requests the dismissal, the judge can go over the facts of the case. The judge can choose to dismiss the charges if they find that:
- There is insufficient evidence to lead to charges.
- The defendant’s rights were violated during the proceedings.
- The court is not the right venue to handle the charges.
For example, let’s say that an individual was arrested in California and accused of possession of drugs for sale. They were charged in the state court system. However, the prosecution realized that they should be facing drug trafficking charges in the federal court. They could request that a judge dismiss the case so it could be refiled properly. Learn more about this process by calling (310) 896-2724.
Outcomes of a Motion to Dismiss in California
A judge considers a motion to dismiss in California. The judge can decide to support the motion or to refuse it. The case proceeds if a judge does not allow a motion to dismiss. This means that the case can go to court. A defendant could also choose to resolve the charges by accepting a plea bargain.
However, judges can also accept a motion to dismiss. When this happens, the court dismisses the charges an individual faces. They can dismiss these charges:
Without Prejudice
Judges often dismiss cases without prejudice when the plaintiff requests the dismissal. The plaintiff can refile these charges without a penalty. Plaintiffs sometimes ask for charges to be dismissed so they can strengthen their case.
For example, an individual is facing charges for driving under the influence (DUI) but the results of their blood alcohol content (BAC) tests are not in. The prosecution wants to wait for the results before proceeding with the case, so they request the judge dismiss the case without prejudice. This allows them to return back to the charges later.
With Prejudice
In other situations, a judge can dismiss cases with prejudice. Charges dismissed with prejudice cannot be filed again. Dismissing a case this way effectively ends it. However, judges don’t usually dismiss cases with prejudice if the plaintiff files a motion to dismiss.
You can find out more about motions to dismiss with a Los Angeles DUI lawyer. A lawyer can work to help if you want to get your case dismissed. We’re also standing by to help if you want to accept a plea bargain. We’ll even help you in court here in California.
Find Out if a Plaintiff Can File a Motion to Dismiss
A plaintiff can file a motion to dismiss a case in California. The defense can also file one of these motions. Members of our team are ready if you are interested in filing a motion to dismiss DUI charges. Find out more by calling (310) 896-2724. You can also complete our online contact form.
Talk to a Los Angeles DUI lawyer right now. We’ll go over your case with a free consultation.
