{"id":15336,"date":"2019-02-12T10:41:25","date_gmt":"2019-02-12T17:41:25","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?page_id=15336"},"modified":"2023-02-16T14:35:48","modified_gmt":"2023-02-16T21:35:48","slug":"case-dismissed","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/case-dismissed\/","title":{"rendered":"What Happens When a Case is Dismissed in an Arizona Court?"},"content":{"rendered":"

Introduction<\/h2>\n

When charged with a crime, most people have the same initial reaction. How do I make this go away?<\/p>\n

While it\u2019s certainly possible to get your case dismissed, and you may even be able to have the charges dropped before the case goes to court, doing so will require the assistance of an experienced criminal defense attorney. Failure to close your case properly could leave the door open for someone to reopen your case in the future.<\/p>\n

Voluntary vs Involuntary Dismissal<\/h2>\n

Cases are voluntarily dismissed<\/a> when the prosecuting party chooses to dismiss the case. In criminal cases, that would be the county prosecutor or district attorney. In civil cases, the prosecuting party would be the individual or organization that filed the lawsuit.<\/p>\n

The victim in a criminal case may influence a prosecutor\u2019s decision to voluntarily dismiss a case, but the decision ultimately rests with the prosecutor. As a result, you may see cases where the district attorney chooses to pursue a case after the victim declines to press charges. In contrast, the victim in a civil lawsuit is the prosecuting party, and therefore retains the right to have the case voluntarily dismissed at any time.<\/p>\n

When a case is involuntarily dismissed<\/a>, the judge chooses to dismiss the case against the wishes of the prosecution. This usually takes place when the defense files a motion to dismiss based on a legal reason, such as lack of evidence.<\/p>\n

Dismissal With Prejudice<\/h2>\n

At first glance, you might think this has something to do with discrimination or an impartial judge. In reality, it\u2019s nothing of the sort.<\/p>\n

Having a case dismissed with or without prejudice determines whether or not a case is permanently closed. When a case is dismissed with prejudice<\/a>, it\u2019s closed for good. Neither party can reopen the case at a later date, and the matter is considered permanently resolved. On the other hand, dismissing a case without prejudice leaves the door open for the case to be reopened down the road.\u00a0<\/span><\/p>\n

Generally speaking, dismissing a case with prejudice is good news for the defendant in a case as it closes the matter indefinitely. Even if the prosecution discovers additional evidence or finds a credible witness, they would not be permitted to reopen the case.\u00a0<\/span><\/p>\n

Under the same logic, dismissing a case without prejudice may be good news to the prosecution. Dismissal without prejudice is common when judges issue an involuntary dismissal due to a legal issue, as it provides the prosecution the opportunity to remedy the issue and try again.<\/p>\n

Factors That May Result in Dismissing a Case<\/h2>\n

There are a number of factors that may result in a prosecutor or judge agreeing to dismiss your case. Some common reasons for dismissal include:<\/p>\n