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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27460
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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In Indiana, if two people are arrested - the first charged

Customer Question

In Indiana, if two people are arrested - the first charged with maintaining a common nuisance, the second with visiting a common nuisance - if the first's maintaining a common nuisance charged is dismissed, but the second has already plead guilty to visiting a common nuisance and is in pretrial diversion - does the second have any legal opportunity to reverse their plea? Is the charge still valid?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Hello Jacustomer,

There are many reasons for a dismissal, and one does not have to be given because of the merits of the case. That is, the fact that the case was dismissed against the first person does not have to mean that there was no nuisance -- only that the first person was not the one to have maintained it. Or, the dismissal may have resulted through a technicality of some sort having nothing to do with the facts of the case.

So the fact that the other person escaped a conviction does not have to invalidate your charge or your plea. However, if the case was dismissed because the state decided that there was, in fact, no nuisance, then your plea should be reversed and dismissed.

This is something about which you ought to talk with your lawyer. He or she can find out the basis for the state's dismissal and let you know whether you have a viable petition to reverse and dismiss.