Legal Question in Criminal Law in California
I had charges dismissed by the D.A. on INT. OF Justice PC1385, which I am trying to figure out what this means?
3 Answers from Attorneys
The case is over, and you won. Congratulations!
Specifically, it means the judge dismissed the case in the interests of justice. Penal Code 1385 says the judge has to have a good reason, and "in the interests of justice" is a catchall phrase that includes almost anything.
If you want to get really technical, the DA cannot dismiss a case. They have to ask the judge to do it... which judges usually do, when the DA asks.
I agree with Mr. Marshall. There are a variety of reasons, for a DA to make the motion, which the judge either grants or denies. It ends the case for you, although technically, the DA can refile the charges within the statute of limitations.
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