Legal Question in Criminal Law in California
on a case that happened with my little brother, my uncles charge disposition says this DISM - FURTH. OF JUSTICE on the different counts. what does that mean?
Asked on 10/08/09, 12:56 pm
1 Answer from Attorneys
Robert Marshall
Law Office of Robert L, Marshall
It means dismissal in furtherance of justice -- or dismissing something because the judge thought it was the right thing to do.
Judges can't just dismiss charges because they feel like it. Penal Code 1385 says they have to have a good reason to do it and state that reason on the record.
In many cases, it's because the defendant entered into a plea bargain, where some charges are dismissed in exchange for a guilty plea to others. Cases can also be dismissed because the prosecution doesn't have sufficient evidence to go forward.
Answered on 10/08/09, 4:01 pm
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