Legal Question in Criminal Law in California

Dismissal before trial

Charged w/ misd building code. Subpoena to appear. I appeared but clerk had no record of case being set for docket. I want to file motion to dismiss for failure to timely prosecute but am having difficulty locating cites beyond PC 1385. Can any one help?

Thank you.


Asked on 3/25/04, 2:50 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Dismissal before trial

I would have gotten a note from the clerk saying you showed up.

I don't know what to tell you. You could wait forever but you risk having had the case set on the wrong day and a warrant issued. You probably ought to consult a local attorney. If you want some fun reading try PC 995.

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Answered on 3/25/04, 3:12 pm


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