Can a Case be Dismissed at a Pretrial Conference?

Описание к видео Can a Case be Dismissed at a Pretrial Conference?

Cases can be dismissed at a pretrial hearing, but that’s rare. A dismissal at this point is only at the prosecution’s request. That means it’s completely up to the government to make that decision. A judge can’t dismiss a case over the Commonwealth’s objection. Your case can get dismissed further down the road, but that must be based on some issue of law.

Motion to Dismiss - here, we’re asking the court to dismiss one or all of the charges against you. Hearings on Motions to Dismiss can be evidentiary, where live testimony is taken from witnesses. Or they can be non-evidentiary. These types of hearings are called DiBennedetto, or four-corners hearings. In such a motion, we’re saying that there isn’t sufficient probable cause in the police report for your case to proceed.

At Afford Law, we have experienced, affordable criminal defense attorneys ready to help you. Call today for a free, virtual consultation. 508-453-1250. At Afford Law, we're making justice affordable.

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