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What is meant by dismissal at the prosecutor's discretion?

Fort Worth, TX |

Defendant elected to have a trial by jury at the status conference. A week later he was given a DM08.

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Attorney answers 3

Best Answer

We would have to have more details to give you an intelligent answer.

Matisyahu Wolfberg
NY Criminal defense Attorney

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] I am licensed to practice law in the States of New York and New Jersey. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue

Karin Riley Porter

Karin Riley Porter


A judge can also dismiss a charge once it has been brought forth by the prosecutor's office if there is insufficient evidence to support the charge presented during the government's case at trial. A charge can also be dismissed if a defense attorney makes an appropriate legal motion and that is the appropriate relief determined by the Judge.


Your question does not contain information to give you a good answer. All dismissals are at the discretion of the prosecutor. With a few exceptions, a prosecutor can always refile a dismissed case and revive the charge anytime within the statute of limitations. The statute of limitations is two years for most all misdemeanors.


I agree with Mr. Medley.

If you are concerned about this case being re-filed, discuss that with your lawyer.

If you did not have a lawyer for this case, then you should take the papers to a reputable criminal defense lawyer at this point for advice about what they mean. The cost of that is probably zero because most criminal defense lawyers don't charge for the first visit.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.