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If the state doesn't attend a pretrial conf when scheduled, can I motion for the judge to dismiss?

Phoenix, AZ |

I had a justice court criminal case pre trial conference calendared for 10:15am PST, I was allowed to telephonically appear. I called 8 minutes early. The court clerk conferenced me over to the state's office. The assistant said the attorney was busy with another defendant and that I would be called before they leave for lunch or upon completion of their morning work load. I verified that they had the case file already but they admitted it was pulled sameday and no one had looked at it. By the way this is a AZ rule 32 postconviction relief retrial. After submitting my evidence and petition to the presiding judge in person he allowed me to withdraw a previous guilty plea from 2012 for a misdemeanor assault charge I was threatened/forced to take at trial june 21 2012. if i dont hear back???

Attorney Answers 3

  1. A defendant may motion to dismiss even if the prosecutor is in court. There is no rule that says you may nor motion to dismiss if the prosecutor is not in court.

  2. You can make the motion. Whether it'll be granted is a whole other issue. If I am understanding the way your facts are worded, it appears that you got the relief you needed already from the judge. I would recommend allowing an attorney in your area to handle this. It is NEVER a good idea to do something that requires a specialized degree without it. Even if you have the right to do so.

  3. You can certainly file a motion to dismiss with the court, and the state will have a chance to respond and you'll get a hearing on that, possibly at the same time as your trial. You may also want to research Rule 8 if you intend on going forward without an attorney. Since you got your PCR granted, you can't be doing too bad so far, eh?

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