Legal Question in Criminal Law in Arizona
How Do You Motion Justice Court For Dismissal?
I was scheduled to a trial in justice court for misdemeinor charges. I arrived early and was on time for court. The prosecutor failed to show and also failed to notify within the five day time limit that is required by law to request a motion to continue.The prosecution also failed to contact the court.
Everybody waited over 1.5 hrs past our time set until the court cancelled the docket for the day. I understand that I can request a dismissal for such action. I would like to motion the court for dismissal with prejiduce since this has happened .
1 Answer from Attorneys
Re: How Do You Motion Justice Court For Dismissal?
Just file it on one of their forms. The reality is that if the court grants it (and don't be surprised if they don't, particularly in Phoenix and Tucson) it will likely be without prejudice. ARS 13-107(g) provides that the prosecutor may refile misdemeanor charges within 6 months of dismissal and still be within the statute of limitations.
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