Legal Question in Traffic Law in California

I want to know exactly how to use cpc 1385 to win my case to be dismissed under this code , Does Judge really Dismiss the case and what other defenses i could use to win ????????


Asked on 9/05/14, 11:04 am

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

You may ask the judge to dismiss the case in the interests of justice. However a case is rarely dismissed pursuant to Penal Code Section 1385. Without knowing more facts I cannot suggest any defenses. You should sit down with an experienced attorney and discuss both the facts and available defenses.

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Answered on 9/05/14, 12:31 pm
Joe Dane Law Office of Joe Dane

Penal Code 1385 allows a court to dismiss (as the main reason) a case "in the interest of justice".

How do you 'use' it? You don't, techincally. You can ask a judge to dismiss your case, but why would they? What reason is there?

Or are you asking if they will dismiss your case because you think it's weak?

Your question is just too vague to give a quick online answer. If this is a criminal case that's pending in court (or upcoming), you would be well advised to consult face to face with a criminal defense attorney to discuss the facts, any possible defenses and issues.

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Answered on 9/05/14, 1:56 pm


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