When someone is charged with a crime in Arizona, one of the best-case scenarios for the defendant is that the case is dismissed. If you are facing a criminal charge in Arizona, it is in your best interest to contact an experienced Arizona criminal lawyer to help have your case dismissed before it reaches trial.

Criminal Process in Arizona

The standard process for prosecuting someone convicted of a crime in Arizona typically depends on whether the crime is a misdemeanor or felony. If it is a misdemeanor, it is generally handled by the municipal authority, but if it is a felony, it is generally handled at the county level.

Police will generally respond to a crime scene to investigate the crime and collect evidence to determine who is responsible. Once the police have probable cause to believe that someone committed a crime, they may arrest that person.Police will generally respond to a crime scene to investigate the crime and collect evidence to determine who is responsible. Once the police have probable cause to believe that someone committed a crime, they may arrest that person.

The police submit their findings to the prosecutor, who determines whether the state will prosecute the alleged offender for the crime. The prosecutor either charges the crime via a grand jury indictment or a direct complaint. A direct complaint is presented to a judge to determine if there is enough evidence to summon the offender to a preliminary hearing, whereas a grand jury, which is comprised of at least nine people, decides how to charge the alleged offender, if at all.

At the alleged offender’s initial appearance, they are informed which felonies are alleged against them and of their right to an attorney. At this time, they may also be released, or the judge may decide they need to be held in jail until cash bail is posted. They will also be informed of the date of their status conference and preliminary hearing.

At the defendant’s status conference, they have the opportunity to negotiate with the prosecutor. It is critical for defendants to have counsel at this time, as this is one of the earliest chances to either reach a plea bargain or have the case dismissed entirely. If the defendant and their attorney do not reach a plea deal or dismissal at the status conference, they will proceed to a preliminary hearing.

A preliminary hearing is another opportunity for the case to be dismissed. At this stage, in cases where there is no grand jury indictment, the judge must determine whether there is enough evidence to support probable cause for the crime committed. The judge may either determine that there is enough evidence, in which case the defendant will need to proceed to trial, or the judge may determine that there is a lack of probable cause, in which case they will dismiss the case altogether.

Why Do Cases Get Dismissed?

There are numerous reasons why a criminal case in Arizona may be dismissed. For instance, a defendant may file a motion to dismiss if there is not enough evidence. As discussed, to arrest and charge someone with a crime, there must be sufficient evidence for a reasonable person to believe the defendant committed the crime, a standard referred to as “probable cause.” If there is not enough evidence to meet this standard, or if the evidence was obtained unlawfully under the Fourth Amendment, the case may be dismissed before going to trial.

Cases may also be dismissed when the court does not have jurisdiction. Jurisdiction refers to a court’s power to hear a case. Not every court can handle every case. If the criminal charge was filed in the wrong court, the court may have no choice but to dismiss it.

An experienced criminal defense attorney in Arizona may be able to help you identify other causes for dismissal.

What Does It Mean When a Case Is Dismissed with Prejudice?

When a case is dismissed, it is done either with or without prejudice. A case dismissed without prejudice means that it has not been settled on the merits. In other words, the case can be reopened at a later time. For example, if a court finds it does not have jurisdiction over a case, it may dismiss it without prejudice so it can be filed and prosecuted in another court.

On the other hand, a case dismissed with prejudice cannot be reopened, either in the court where it was originally filed or in any other court. When a case is dismissed with prejudice, it means a court has reviewed the case and settled it on the merits. For example, a court may dismiss a criminal case with prejudice if the statute of limitations has run and the defendant cannot legally be convicted of the crime with which they are charged.

Voluntary vs. Involuntary Dismissal

Criminal cases may be dismissed voluntarily or involuntarily. In the criminal context, a voluntary dismissal means that the prosecutor decided to drop the charges and no longer wants to prosecute the defendant for the crime. This situation may arise if the prosecutor comes across evidence that exonerates the defendant from the crime. Another situation where this may occur is if the victim of a crime decides not to press charges, in which case the prosecutor may decide not to pursue the case further. Finally, the prosecutor may consider your case low-priority, in which case they may be eager to reach a plea deal, or in some cases, voluntarily dismiss the case.

An involuntary dismissal means that the judge dismissed the case. It is “involuntary” because the prosecutor still wishes to pursue the charge, but the judge finds a legal reason not to charge or try the defendant. A defendant may request dismissal of a case via a “motion to dismiss.” Under Arizona law, a court must dismiss the case “if it finds that the indictment, information, or complaint is insufficient as a matter of law.”

What Happens After a Criminal Case Is Dismissed?

After the case is dismissed, the court orders the release of the defendant from custody, assuming there are no other pending charges. The court must also release the defendant from its obligations under an appearance bond.

If your case was dismissed without prejudice, it may be re-filed to correct any errors. If it was dismissed with prejudice, however, the case is done and will not be refiled. However, your criminal record will still reflect that you were charged with a crime, which can have long-term consequences on your ability to seek employment, housing, and education opportunities. If you are concerned about having a criminal charge on your record, you should consider speaking with a criminal law attorney to seek an expungement.

Contact a Criminal Lawyer

Criminal cases are rarely dismissed automatically. If you are facing a criminal charge, you should be sure to speak with an experienced Arizona criminal lawyer. An attorney will be familiar with the process and may be your best bet at proving that your case should be dismissed. Defense attorneys know the many ways criminal cases may be dismissed and can help identify if any of them apply to your case. Defendants should not face this process alone.