When can a DUI be dismissed?
- The police lacked probable cause to stop or arrest the defendant.
- The prosecution cannot prove the defendant was driving under the influence beyond a reasonable doubt.
- The breath or blood test results are found to be unreliable.
- The police violated the defendant's constitutional rights during the stop or arrest.
- The prosecutor decides to drop the charges.
A domestic violence case can be dismissed if:
- The prosecution lacks sufficient evidence to prove the charges.
- The alleged victim recants their testimony or refuses to cooperate with the prosecution.
- The defense can successfully argue self-defense or defense of others.
- The police violated the defendant's constitutional rights during the arrest or investigation.
- The prosecutor decides to drop the charges.
Note: Dismissal criteria may vary by jurisdiction.
What is diversion?
Diversion is a type of alternative resolution to a criminal charge, where the defendant agrees to complete certain conditions or requirements instead of going to trial. Upon successful completion of the conditions, the charges may be dropped or dismissed. Examples of conditions may include community service, attending counseling or educational classes, paying restitution, or staying out of trouble for a specified period of time.
Diversion programs are commonly used for first-time, non-violent offenders and aim to provide rehabilitation and prevent future criminal behavior. The decision to offer diversion is typically at the discretion of the prosecutor or judge, and eligibility for a diversion program can vary by jurisdiction.
Can shoplifting be dismissed?
Shoplifting charges can be dismissed under certain circumstances, such as:
- Insufficient evidence
- The store decides not to press charges
- The accused completes a diversion program or pays restitution
- The charges are dropped due to procedural errors.
However, the decision to dismiss a shoplifting case is ultimately up to the prosecutor and the court, and they may consider factors such as the severity of the crime and the prior criminal record of the accused before making a decision.
