Legal Question in Criminal Law in California

Re: old case

The Judge can dismiss the case, on her own motion or the motion of the prosecutor, in the interest of justice. The judge will consider the prosecutor's opinion, but she is not bound to adopt it. If the judge believes that the old case does not warrant the time and expense of continued litigation, she can dismiss it.

As a practical matter, if the prosecutor moves to dismiss it, the judge will almost always grant it. If the prosecutor opposes a dismissal in an old case, the judge will likely consider the factors that caused the case to get old (did you abscond? or did prosecutor only recently get around to prosecuting it), how serious the crime is, how strong or weak the evidence is, was it a victimless crime, how likely it is that necessary witnesses are still around, what kind of life you've led in the meantime, etc.

I have had judges dismiss cases in the interest of justice over the prosecutor's objection.

Re: old case

Normally the prosecuting attorney requests that the judge dismiss the case. In many other states the DA does not need the judge's permission. The DA will never make this request unless he or she thinks no conviction is possible.

Re: old case

In California, a court will only dismiss a charge in the interests of justice if the prosecutor asks it to. The judge can say no, but this seldom happens.

Re: old case

For the entire case to be dismissed the prosecutor must decide that the case is a loser, for example, evidence is insufficient. Rarely dismissal takes place for any other reason.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com