If a crime is committed involving arrest and court appearance - and then case is dismissed within 120 days - what does it exactly mean? Does it mean the person was CONVICTED and then case was DISMISSED? (this is what I'm getting from some of the sites) I understand the arrest is on record but does that mean that there is a conviction followed by dismissal or no conviction at all?
1 Answer
If a case is dismissed, then it means the charge was thrown out of court.
They were not even tried, much less convicted.
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1Agreed. If someone is convicted and then the conviction is reversed, that would be a form of an acquittal, not a dismissal of the charges. Dismissed in this context is equivalent to dropping the charges. Commented Jan 12, 2017 at 20:12
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I would expect "dismissal" to be a form of "acquital" - certainly as far as a defence of "autrefois acquit" for further changes relating to the same action. Commented Jan 12, 2017 at 20:53
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2@MartinBonner An acquittal is what a jury does when they find a defendant innocent. A dismissal is what a judge does when they determine that the charges either are defective or have insufficient grounds for a trial.– CiceroCommented Jan 12, 2017 at 21:26
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1@MartinBonner furthermore, if a judge dismisses a criminal case, the prosecutor may be able to charge the defendant again in the future, for the same crime. This could happen, for example, if new evidence comes to light.– phoogCommented Jan 13, 2017 at 4:29
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Charges can be dismissed "with prejudice" which means that, no, they can't try the defendant again. On the other hand, they can dismissed "without prejudice."– MaryCommented Dec 27, 2022 at 4:36