Legal Question in Criminal Law in Arizona

Dismissal of criminal charges
My wife has been indicted on a felony charge based entirely on medical evidence. After the indictment (by a grand jury) additional medical records were found that tend to indicate that no crime was committed, and that there was a pre-existing but undiagnosed condition that led to the alleged victim's situation. So far the prosecutor has refused to reconsider the charges, so our question is, can we ask the judge to step in and dismiss? Or can the charges be sent back to the grand jury in light of the new evidence? Our attorney has consistently said it all rests with the prosecutor, but after 12 months under indictment and tens of thousands of dollars in legal expenses, we feel something should be done in the interest of justice before we suffer the additional expense of a trial that is in no one's best interest.

Asked on 8/14/07, 6:31 pm

Jason Lamm Jason D. Lamm Attorney at Law

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Re: Dismissal of criminal charges

This is a complex situation and I'm not sure I can answer in an email. Give me a call if you want to chat for a few minutes.

Answered on 8/14/07, 6:52 pm

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