This might happen if material evidence is being excluded or suppressed and they no longer have enough evidence to support your charges. If a case is voluntarily dismissed, this means that the dismissal was proposed by the prosecuting counsel. In terms of case dismissal, there are two types: voluntary and involuntary. Voluntary and Involuntary Dismissal at the HearingĪ case can certainly be dismissed at a pretrial hearing. He knows how they think, and he will use that knowledge to get you the best outcome possible at the pretrial hearing. It’s important to work with a criminal defense lawyer who knows how to negotiate with the prosecutor to get you the best plea agreement offer to reduce our charges. It’s common for the prosecutor to make a plea bargain offer to avoid going to trial. There are other options for resolving the case at the pretrial hearing as well. That doesn’t mean your case cannot be resolved in another manner, though. However, if the Motion to Dismiss is not granted, then you will continue through the legal process towards trial. If it is granted, you will be free to go. The judge will rule on the Motion to Dismiss during the pretrial hearing. They will make arguments regarding how you were treated, how the evidence was handled, and whether the prosecutor can meet their burden of proof that you even committed a crime. Your attorney will likely submit a Motion to Dismiss your entire case. More commonly, however, a pretrial hearing is where attorneys and a judge decide if a case is even worth a trial. For instance, it is during a pretrial hearing that parties may move to either admit or suppress certain pieces of evidence for trial.
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