State v, Remsey states taht you cannot file a motion to dismiss for lack of probable cause for CDV 1st offense. the case must be determined in a trial. In higher court (general Sessions) cases, you do have a right to a pre-liminary hearing to determine probable cause. In those casea, a Magiatrate does have authority to conduct a preliminary hearinga nd dismiss for lack of probble cause. However, even if the Magistrate dismisses the charge, the State can still seek an indictment and take the case to trial.Only the prosecutor has authority to dismiss your cae. Thus, to have it dismissed before trial, you must convince the prosecutor.
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