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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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in AZ If no criminal charge has been serviced can iI motion

Resolved Question:

in AZ If no criminal charge has been serviced can

iI motion to dismiss without ptejudicee
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Marsha411JD replied 11 months ago.
Hello,

Thank you for your question, however, I am not sure what you are asking. Are you asking if the State prosecutor make a motion to dismiss a criminal case without prejudice? Has the accused been charged and arrested? If so, what stage of the process is the case in? Need a bit of context to your question.
Customer: replied 11 months ago.


Thank you.


 


March 2013 I was arrested legally selling Medical Marijuana. Police with warrant invaded my home leaving after stealing the meds and grow.


 


NO FINGERPRINTS NO BOOKING NO CHARGES

Expert:  Marsha411JD replied 11 months ago.
Thank you for your reply, but I am still unsure what you question is. What is it that you want to accomplish?
Customer: replied 11 months ago.


Rule 4(i)arcp which is Civil states that after 120 days charges can be dropped. does this apply to Criminal Charges

Expert:  Marsha411JD replied 11 months ago.
Thank you for your reply. No, that does not apply to criminal cases. Based on the limited information you have provided me, you were never charged with a crime. In that case, there is nothing to dismiss. There must be actual criminal charges filed in order for there to be any dismissal. Then, the only parties that can dismiss the charges are the State (prosecutor) and the court upon motion during the hearing phase of the case.

The State has one year to file charges if they are charging a misdemeanor and 7 years to file charges if they would charge a felony crime. Until then, they are free to refrain from filing any charges.

If there are actual charges filed, and you are asking how you can get them dismissed, then your attorney would make a motion to dismiss at your next hearing based on a legal reason (for example, insufficient evidence, the running out of the statute of limitations, etc. )

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17269
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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