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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4478
Experience:  Almost 12 years of legal experience, primarily in criminal law
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Can any decision or order become a final decision or ruling

Resolved Question:

Can any decision or order become a final decision or ruling in superior court, criminal division, without an arraignment ? Violation was misdemeanor. Person immediately posted bail. Arraignment scheduled three months later via summons. Person appears for hearing, name not on calender, not called. Attorney knows nothing. No hall way meeting, lawyer has never appeared on clients behalf. Three months later case is dismissed. No appearance, not one motion filed, no reason for dismissal.

Essentially, without an arraignment, can any lawful decision be determined ?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 7 years ago.
A dismissal can occur without an arraignment because a dismissal is not generally a final decision. If the case was dismissed by the prosecutor prior to a trial, the State can refile charges at any point up to the time allowed by the statute of limitations. The only time a dismissal constitutes a final decision is when the court dismisses an action with prejudice, which prohibits the state from refiling charges. But most pretrial dismissals are done by the State. It is within the State/prosecutor's discretion if they want to abandon prosecution, and they can do so even if an arraignment hasn't occurred.

Based on the facts that you have included, it is likely that the prosecutor looked at the evidence (or lack thereof) and realized the case wasn't worth pursuing, hence the dismissal. Generally, cases like that don't usually make it past the charging stage, but sometimes they slip through and upon further review, the prosecutor makes a decision to dismiss it.
Customer: replied 7 years ago.
The prosecution filed a complaint/information three months after the arrest. So it appears they are moving forward. Court documentation indicates several hearings to have taken place following the alleged arrangment.
From the arrest to the dismisal it was six minths. In that time, eight hearings allegedly took place.
What is the minimumn amount of motions/documents for a attorney to file in superior court, for a person arrested on a misdemeanor violation ? And finally, can a citizens arrest be made by an officer, without any crime, witness to a crime and without the citizen who claimed to make the arrest ? The citizens arrest was signed by both the officer and his sister-in-law/girlfriend.

Finally, can a person have more than one arraingment ? more than two ? more than three ? and why. This is all for now. Thank you for your time.

Once I receive your responce I will graciously hit reply. If I am asking too much just let me know and I am sure we can work something out.
Expert:  Hammer O'Justice replied 7 years ago.
I don't really know what you mean by minimum number of documents to file. There's no real minimum or maximum, but for a case to be started in motion a charging document must be filed.

An officer can make an arrest without having personally witnessed a crime based on the allegations of a victim. If the officer receives a complaint from a citizen that supplies probable cause, then they can proceed with an arrest.

There is no limit to the number of arraignments a person can have, though it is rare for a case to have more than two arraignments (and most have only one).
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