When a district attorney dismisses a felony case, it is almost invariably good news for the defendant. Notwithstanding, when a prosecutor drops the case by entering a "nolle prosequi," a formal detect in the court records that the function does non intend to continue the prosecution, information technology does not always mean that the case is gone forever.
What Is a Felony?
Crimes generally fall into one of 3 categories: infraction, misdemeanors and felonies. Infractions are issued for relatively modest matters similar speeding tickets. Misdemeanors are lesser crimes, defined equally crimes punishable by no more than a yr in jail. Felonies are more than serious crimes.
Although the police investigate crimes and make arrests, information technology is the district attorney's role that makes the determination to file criminal charges. The attorneys in the DA's office also prosecute criminal cases and make decisions during a case about dismissal of charges.
Why Are Felony Charges Dismissed?
A prosecutor with the district attorney's office will only file criminal charges if she believes that she can show the case. She reviews the investigation file compiled by law enforcement and considers the criminal history of the suspect. The evidence gathered must be strong enough to convince a jury that the accused committed the felony charged.
If, at any betoken after criminal charges are filed, the prosecutor determines that the evidence is non strong enough to convince a jury of the charges, she can dismiss the case. A guess can too order a dismissal on the defendant'due south motion to dismiss (usually later the prosecutor rests her instance) if information technology is clear to the court that there is not enough evidence to captive.
What is a Nolle Prosequi?
In some states, the prosecutor tin can drib charges against a criminal suspect by entering a "nolle prosequi." In Latin, this means "decline to prosecute." This operates differently depending on the jurisdiction. In Connecticut, a nolle occurs when a Connecticut prosecutor drops a misdemeanor or felony charge before filing it.
Under Connecticut constabulary, a nolled case is deemed dismissed 13 months after the nolle date but can be re-opened for any reason inside that period. It stays on the record of the accused until it is dismissed. It is non an acquittal, which would prohibit the prosecution from retrying the person based on principles of double jeopardy. At least when nolle occurs before trial, the conclusion of whether to re-prosecute is in the hands of the district attorney.
What Happens When a Felony Case Is Dismissed?
A felony case tin exist dismissed by motion of the prosecutor, the defendant's chaser or the court. This is usually done when the evidence appears insufficient to prosecute. Other ways for a defendant to get a felony charge dismissed is to go through trial and obtain a "not guilty" verdict or to nourish a pretrial diversionary programme.
However, dismissals can as well be entered for more than technical matters. For case, a trial court can grant a dismissal of a felony charge for procedural errors and defects. If, for instance, the prosecution is not able to establish that a court has jurisdiction over a defendant, the instance must be dismissed. Likewise, the court can dismiss a example when the prosecutor has delayed the trial and so long that information technology violates the defendant's correct to a speedy trial.
If the court dismisses the case on the accused's motility for reasons other than sufficiency of the evidence, the prosecutor can file the case again. Double jeopardy is non triggered if the dismissal is for reasons unrelated to the accused's guilt or innocence. However, a dismissal with prejudice ways the prosecution does non accept the legal right to refile charges.
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