Can a lawyer dismissed a case before first court date?
5 attorney answers
Well, yes, maybe, but it depends on what you mean by "dismissed or handled before the first court date." If a charge has already been filed, your lawyer can - if the facts are right - reach an agreement with the prosecutor before the first court date that the case will be dismissed. However, the actual dismissal would not take place until the case comes up in court because the dismissal order must be entered by the judge. If no charge has yet been filed your lawyer might be able to convince the prosecutor not to file a charge at all, in which case there would never be a court date because there would never be a "case." And that is the best outcome of all, isn't it?
Your lawyer can speak with the prosecutor and convince the prosecutor to nolle pros the case on or before the first court date.
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Yes, a civil case can be settled and dismissed by agreement prior to the first Court date, can voluntarily dismiss the case under 5/2-1009 of the Illinois Code of Civil Procedure, or have the case dismissed for want of prosecution. More facts are needed, however, and the attorney you spoke with probably had more information. You should consult with an attorney to discuss the facts of your particular case.
Best of luck to you.
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Technically a case is not "dismissed" before the first court date, because in essence the case is never filed. Yes, this can be done and it happens all the time. Without knowing more about the circumstances of your case, it's impossible to say whether this result is likely for you, but diligent criminal defense attorneys work hard every day to convince prosecutors to forego filing charges against their clients.
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