Can the Case Be Dismissed?

Can my criminal case be dismissed?

When someone is arrested, they usually ask themselves can my criminal case be dismissed?  In the state of Georgia there is no criminal motion to dismiss a case.  The prosecutor over your case has to determine whether there is probable cause to prosecute you for a crime.  If you wait and hire an attorney when you receive your notice for arraignment you have potentially waited to long.   That is because to be noticed of an arraignment is in fact to be noticed the prosecutors office has either received an indictment in your case, meaning a grand jury has determined you should face criminal prosecution, or an accusation, meaning the prosecutor has reviewed the case and is satisfied you should be prosecuted in court.

 

Can my case be dismissed after arraignment?:

Cases can and are able dismissed after arraignment.  Generally this is done through a legal motion called a nolle prosse, what a lay person would think of as a dismissal order.  Cases can be dismissed because it is the right thing to do, because there is a error in the investigation that brought the Defendant to court, because after a thorough investigation the case is not as strong as initially thought, or because the court’s pretrial rulings have reduced any chance of the prosecutors office gaining a conviction against you.

All of these options come from a Defendant having their case prepared for court, this includes an investigation into the facts of the allegations against them, the officers who arrested them, and the personal circumstances of the Defendant.  Many cases get dismissed because it is the right thing for the Defendant.

 

 

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