Legal Question in Criminal Law in Arizona

Dismissals

While searching a case history on a defendant I came across some confussion about the individuals dismissal. On the day the defendant was released the case had been dismissed without predjudice. However approximately one week later the case dismissal says ''Dismissed Full''. Does this mean what I think it does that the conditions under the dismissal has changed and the case cannot be brought back up? If that is the case then what can be done about getting that individuals propery returned?


Asked on 11/18/05, 1:23 pm

1 Answer from Attorneys
Mark Lazell Mark Lazell P.C.

Re: Dismissals

Need to review file to determine if the court dismissed with prejudice. This is unlikely unless someone filed a motion to dismiss with prejudice. Pursuant to Ariz.R.Crim.P. 28.2. b. "Unless . . . prescribed by law, the prosecutor or law enforcement . . . shall dispose of such items within 30 days after the case . . . is no longer 'subject to modification.'" Motion for return of property needed.

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Answered on 11/18/05, 2:48 pm


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