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How would I be able to get my case dissmissed with prejiduce ?

Bakersfield, CA |
Filed under: Criminal defense

My motion for supress evidence was submitted and I go back so it can be thrown out due to illegal search and seize..I don't wanna be living my life and find out the da refiled on me and I've started school and work

Attorney Answers 3


I am going to re-post this question in the Criminal Defense practice area as I believe that is where you will find attorneys able to answer this question. Good luck to you.

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The decision to dismiss with prejudice rests with the DA or Judge. Certainly your attorney can attempt to convince the DA or Judge to dismiss with prejudice but if the matter is being dismissed not for lack of evidence but because the evidence was illegally obtained (through a suppression motion) than the matter might not be dismissed with prejudice. Having said that, it is doubtful the DA would refile given that the matter was dismissed because critical evidence was suppressed. The DA would have to legally obtain new evidence to refile. Your attorney would know far more about this matter than anyone here, ask him/her about the status of your case. Do not talk to law enforcement about this or any other matter. Good luck.

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Vijay Dinakar

Vijay Dinakar


I assume from your question that the matter is going to be dismissed but as Mr. Taub points out that is not guaranteed unless the DA has so indicated. All a suppression order guarantees is that the evidence suppressed can't be used but the DA might have enough evidence without the suppressed evidence to proceed. Again, you have an attorney, consult him/her for more information.


You mights succeed some other way, but not just from a motion to suppress. Even if you win your motion to suppress, the case would not be dismissed. The DA is allowed to evaluate his or her remaining evidence to decide whether he or she can still prove the case. Get counsel to have much better odds in making the case go away, if possible.

The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.

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