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Can a Case be Dismissed at a Pretrial Conference? 

Afford Law
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Cases can be dismissed at a pretrial hearing, but that’s rare. A dismissal at this point is only at the prosecution’s request. That means it’s completely up to the government to make that decision. A judge can’t dismiss a case over the Commonwealth’s objection. Your case can get dismissed further down the road, but that must be based on some issue of law.
Motion to Dismiss - here, we’re asking the court to dismiss one or all of the charges against you. Hearings on Motions to Dismiss can be evidentiary, where live testimony is taken from witnesses. Or they can be non-evidentiary. These types of hearings are called DiBennedetto, or four-corners hearings. In such a motion, we’re saying that there isn’t sufficient probable cause in the police report for your case to proceed.
At Afford Law, we have experienced, affordable criminal defense attorneys ready to help you. Call today for a free, virtual consultation. 508-453-1250. At Afford Law, we're making justice affordable.

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6 июл 2024

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Комментарии : 27   
@lottie141516
@lottie141516 Год назад
Most of these lawyer videos that are pretty much just commercials for the law firms, are pretty vague and I actually feel like this guy does a great job about going in depth about the question.
@AffordLaw
@AffordLaw Год назад
Thank you for your comment. We try to educate anyone that may be facing an issue.
@conniemartinez9876
@conniemartinez9876 Год назад
@@AffordLaw I paid a lawyer and he never shows up to court.The judge got mad and sent my son to another court,We have video,we have proof of everything and pictures of everything he is being accused of,He was no where near the apartment he had gone to work he had 4 jobs,he had just became a father and this lawyer I hired I don't see him I don't talk to him neither does my son, I don't know what to do,The DA has a 20 yrs over his head, for what he was never at home,we gave the lawyer his alabi we gave him all the evidence in pictures and videos and he hasn't even Motion a dismissal.What do I do.
@AffordLaw
@AffordLaw Год назад
@@conniemartinez9876 Wow that sounds terrible. I'm sorry for your son. What are the charges? In which court is it filed?
@conniemartinez9876
@conniemartinez9876 Год назад
@@AffordLaw My son is with Hidalgo county court,he was with judge keno Vasquez,but the judge sent his case to auxiliary because my son's lawyer never shows up.
@Synstylezzz
@Synstylezzz Год назад
Thank you very helpful💗
@silverbackmadness9630
@silverbackmadness9630 2 года назад
NICE VIDEO.. question a witness said she gave me an exhibit , but could not provide proof but the defendant have a text where the witnessed confess she didn't give any exhibit . can the case be dismissed
@user-ed9qr1uj6f
@user-ed9qr1uj6f 5 месяцев назад
Breach of justice 😮
@conflictoftheorders
@conflictoftheorders 8 месяцев назад
My case was dismissed during pretrial no lawyer needed
@AffordLaw
@AffordLaw 8 месяцев назад
Fantastic! Great work. As long as the job gets done.
@nealtrecartin8788
@nealtrecartin8788 2 года назад
What if the defendant does reply to Judges request for pretrial conference
@AffordLaw
@AffordLaw 2 года назад
I'm not sure what you mean.
@KL9702.
@KL9702. 2 года назад
What if there is contaminated evidence? Can that be brought up at a pre-trial hearing? Can that get a case dismissed?
@AffordLaw
@AffordLaw 2 года назад
Not at a pretrial hearing. It may well be addressed at a Motion to Suppress hearing.
@MsJules
@MsJules 5 месяцев назад
Yes, but the State can still pick it up
@AffordLaw
@AffordLaw 5 месяцев назад
But only if it’s a criminal matter.
@basicprogrammer6147
@basicprogrammer6147 5 месяцев назад
What about in a civil case? She filed a restraining order against me because I breached the curtilage while she had exclusive possession of the home during the pendency of the divorce proceedings.
@AffordLaw
@AffordLaw 5 месяцев назад
Just so I’m clear, this isn’t a case of a violation of a restraining order?
@basicprogrammer6147
@basicprogrammer6147 5 месяцев назад
@@AffordLaw Correct. Unless you call breaching the curtialge a violation of a court order (contempt). Also, all I did was walk onto the driveway because a stranger's car was parked there. Then I went up the first 2 of 6 steps to see who was in my house. Apparently, my daughter was home from college, so it was her new car. So, I left. They saw me on the Blink camera and became alarmed.
@AffordLaw
@AffordLaw 5 месяцев назад
@@basicprogrammer6147 ok. I understand. So because of that she got a restraining order?
@basicprogrammer6147
@basicprogrammer6147 5 месяцев назад
@@AffordLaw Yes.
@basicprogrammer6147
@basicprogrammer6147 5 месяцев назад
@@AffordLaw Thank you for responding! You are helping me, and I please ask you to help me once more: The restraining order hearing is in a few days. This morning, Jan 31, 2024, she just sent pictures of our children to me. Should I add the pictures to the case number as evidence? Will the restraining order get dismissed?
@ld7416
@ld7416 Год назад
If case was dismissed based on Prosecutor pushing some "agreement" (take class & donate to nonprofit) right before trial, is that technically considered a "plea deal," even though I plead Not Guilty? How I plead determines whether I'm required to diclose to the Professional Licensing Board I was arrested, after its expunged...
@AffordLaw
@AffordLaw Год назад
How you plead (e.g. guilty, admission to sufficient facts, etc.) determines if your case ended in a conviction. Licensing boards usually only care about convictions, but some can cause you problems even if it ended in a non-conviction. If you email me your name, docket number and which court you were in, I can take a look to clarify. Paul@Affordlaw.org.
@CLAttorney
@CLAttorney 8 месяцев назад
I am a criminal defense attorney in Houston and surrounding counties. I like your video. If you ever need outside counsel here, please reach out. I work with my clients as well and try to do the most for a good price.
@user-ed9qr1uj6f
@user-ed9qr1uj6f 5 месяцев назад
Prose pharma poporous prosecutor disability 1983 constitutional rights
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