Skip to main content

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?

    Anyone viewing this web site should not act on any information contained on this site without seeking professional counsel from an attorney. Use of this web site and/or transmission of information to the firm is not intended to create, and should not be construed as creating, an attorney-client relationship with the firm or any of its attorneys. If you choose to communicate with the firm or any of its attorneys or other personnel through this web site, do not transmit any confidential or sensitive information by e-mail until you have spoken to an attorney from our firm either by telephone or in person. This web site may be considered advertising under applicable laws and ethical rules. The Law Offices of Brent D. Harris, PLLC do not seek to represent anyone in any state where lawyers in the firm are not admitted to practice, or in any state where this web site fails to comply with all laws and ethical rules of that state.

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics