Legal Question in Criminal Law in California
Criminal Law
if a person was not arrested for felony poss. charges would this be grounds for a dismissal of case?
2 Answers from Attorneys
Re: Criminal Law
No. If there is an ongoing investigation and prosecution decides to file charges as a result, the fact that there was no arrest is not grounds for dismissal.
Jacek W. Lentz, Esq.
213.250.9200
www.lentzlawfirm.com
Re: Criminal Law
I'm not sure what you mean , however in my experience, many times, law enforcement attempt to use people they arrest for possesion as snitches. Due to that, they make it look like one was only detained, with the proviso that they must help the cops get a few dealers. If they assist the cops and get some dealers, they don't file the charges. However if the person fails to live up to their part of the bargain, then they file the case at some later date. For a more precise answer, you may want to talk to an attorney, and give the lawyer all the facts, so they will be able to be more precise with their answer. David Wallin
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