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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27726
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Last year I was charged with simple battery - family

Customer Question

Hi Sir,Last year I was charged with simple battery - family violence for a small incident that happened between me and my wife. I am working with a lawyer and my lawyer said he can get it dismissed. Yesterday I saw the online case status as "jury trial". As per my lawyer, he still says that he can get it dismissed before that. Can you please let me know what a jury trial is ? Can the case be dismissed before jury trial? If so, what should I do to get it dismissed with case diversion program?
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 month ago.

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Expert:  Zoey_ JD replied 1 month ago.

You pled not guilty and that entitled you to go to an eventual jury trial. As your case is not yet resolved, that's why it shows as "jury trial" for the online status. If the prosecutor is inclined to dismiss your case, that can happen at any time while the case is active.

As to what a jury trial is, if the case is not dismissed and if you do not take any plea to resolve it, your lawyer and the prosecutor would be able to select individuals to form a jury of your peers to hear all the trial evidence and determine whether or not you were guilty of the crime charged.

As for diversion types of dismissals, those are granted at the discretion of the prosecutor. If this is your first offense, you'd be eligible for it, but the prosecutor would need to approve it. If you want an opportunity for adjudicated dismissal, you need to let your lawyer know. He can try to negotiate it for you.

Customer: replied 1 month ago.
Zoey,Thanks for the response. I am eligible for the case diversion program as it's my first offense. What does a adjudicated dismissal mean ? I have talked to my lawyer couple of times about case diversion program and he said he is trying for it. Meanwhile the case status has been shown as plea and arraignment-> motion OBTS (Consolidated, Motions, Demands, waivers) and now jury trial. My lawyer doesn't explain me what process he is going to follow and doesn't respond many a times. I am a bit concerned about this... are the steps of the case going in the right way to get it dismissed using the diversion program ?
Expert:  Zoey_ JD replied 1 month ago.

An adjudicated dismissal is a diversion or deferral opportunity, where your case is dismissed only after you serve a sentence and fulfill court mandated requirements.

Your attorney knows what he is doing. As the prosecutor has not yet agreed to the disposition you want, the case has to still move forward in the direction of trial. Eventually, one of three things will happen: you will be able to get diversion, which will end your case; the prosecutor will not give you diversion, but you will be offered a different sort of plea instead, which, if you accept, will end your case; or, if you don't like the only deal(s) that the prosecutor will offer, you will have to go to trial.

Customer: replied 1 month ago.
If the prosecutor does not offer diversion program, what other sort of plea's can the prosecutor offer? If we accept that plea will I be convicted with the offense? Also, will I be eligible for record restriction if I accept the plea that prosecutor offers ?
Expert:  Zoey_ JD replied 1 month ago.

Your lawyer will tell you what counter offer the prosecutor makes. However, yes, if you avail yourself of a deal where you plead guilty or no-contest to a criminal offense and it is not dismissed upon completion of your sentence, you will end up with a conviction on your record and you would not be eligible to expunge that conviction under your state's law.

Customer: replied 1 month ago.
What does no contest mean? If we agree to the deal what prosecutor gives and After that if the case is dismissed, will it still be a conviction ?
Expert:  Zoey_ JD replied 1 month ago.

Sorry for the delay. I stepped away from the computer to run some errands.

What does no contest mean?

A plea of no contest/nolo contendre means that you admit that the state has enough evidence to prove you guilty. It results in a conviction, just as if you'd pled guilty.

If we agree to the deal what prosecutor gives and After that if the case is dismissed, will it still be a conviction ?

If the case gets dismissed it would no longer be a conviction.

Customer: replied 1 month ago.
Thanks for the response. My lawyer said if the prosecutor do not agree for case diversion .. he would try to dismiss the case with disorderly conduct. So what does disorderly conduct mean? If we do this will it be a conviction?
Expert:  Zoey_ JD replied 1 month ago.

Disorderly conduct is a misdemeanor in Georgia and a plea to it would result in a criminal conviction. However, it's a less serious offense than a domestic battery as it's non-violent. It's a catch-all section of the law, where basically you admit nothing more than that your conduct was improper. You wouldn't have to admit to using force against your spouse.

Customer: replied 1 month ago.
if the case is dismissed with disorderly conduct then it will be a conviction and we cannot remove it from records ?
Expert:  Zoey_ JD replied 1 month ago.

If the case is dismissed it's not a conviction. If the battery is dismissed but the disorderly conduct isn't, then the battery is not a conviction but the disorderly conduct will be.