Legal Question in Criminal Law in California

Re: disposition 1385

This section provides for the dismissal of a criminal complaint in the interests of justice. The da can refile a felony charge that has been dismissed. The pertinent portion of Penal Code section 1385 is copied below.

1385. (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal must be set forth in an order entered upon the minutes. No dismissal shall be made for any cause which would be ground of demurrer to the accusatory pleading.

Re: disposition 1385

Thanks for your inquiry.

California Penal Code Section 1385, I.E., Dismissal In The Interests Of

Justice is, under California law, a dismissal "with prejudice" and the

people cannot refile the case subsequently. To put it succinctly, a dismissal

will terminate the presecution permanently."

It should not be part of any criminal record.

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