Legal Question in Criminal Law in California
ok one question can you please tell me one thing on what is the difference between dismissed and VACATE mean is there a difference i dont get it on the charge it says vacate and dismissed are those the same thing
2 Answers from Attorneys
Yes.
When a charge is dismissed, that charge is no longer being prosecuted against you. If all of the charges are dismissed, it is the end of the case. In some cases a charge will be dismissed, but other charges remain, because the prosecutor no longer thinks that it is possible to charge for that specific offense.
When the court uses the term vacate, it usually means to undo a ruling, or the setting of a hearing. For example, if the trial judge sets a preliminary hearing, but then vacates it, that hearing is no longer on calendar for the originally scheduled date.
These terms are better defined with specific context.
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