Dismissals
Dismissals in legal contexts refer to the termination of judicial proceedings without reaching a conclusion in trials, often occurring prior to verdicts or judgments. In criminal law, a dismissal can cancel charges such as indictments or complaints and may occur with or without prejudice. A dismissal without prejudice allows the prosecution to refile charges later, while a dismissal with prejudice prevents future prosecution for the same offense. Dismissals can be voluntary, often due to tactical considerations like the absence of key evidence or witnesses, or involuntary, typically mandated by the court in the interests of justice. Common reasons for involuntary dismissals include adherence to due process rights and the court's recognition of valid defenses by the defendant. It is crucial to note that dismissals do not equate to legal determinations on the merits of the case, yet they can have significant implications similar to judgments, particularly when dismissals are with prejudice. Moreover, dismissals prior to trial do not typically invoke double jeopardy concerns, allowing for potential future prosecutions unless barred by a court order.
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Dismissals
SIGNIFICANCE: Dismissals end judicial proceedings in legal matters without the completion of trials and generally without conclusive findings of law or facts.
In the broadest sense of the term, a dismissal is simply the termination of a legal proceeding. In criminal law it is the cancellation of an indictment, information, complaint, or charge. A dismissal may be done with or without prejudice to the refiling of a subsequent complaint. A dismissal without prejudice means the prosecution may seek new charges either through indictment, information, or complaint. However, a dismissal with prejudice does not allow the prosecution to file the same charge against a defendant again at a later time.
Dismissals may be voluntary, as in cases when the prosecution chooses to stop pursuing a matter, or involuntary. In cases of voluntary dismissals, the prosecution usually has tactical or legal reasons for its actions. Tactical reasons for dismissal may include the absence of key witnesses or the need to take more time to process important evidence. So long as the relevant statute of limitations on filing a charge does not expire, a prosecutor may choose to dismiss the original complaint and refile at a later time when the case is better prepared.
Strict due process rights are common reasons that for dismissing cases for legal reasons. Once a criminal charge is brought against someone, due process rights attach and place a heavy burden on the prosecution to move forward. Any failure to proceed with a case in a timely fashion may subject the matter to either voluntary or involuntary dismissal. One example would be the use of evidence obtained without probable cause or a search warrant. Prosecutors who recognize that their cases rest on such evidence may voluntarily dismiss the cases in the hope of finding supported evidence later. If they do not dismiss at that time, they run the risk that courts will dismiss their cases later, possibly with prejudice, when defenses make motions or raise the troublesome issues at trial.
In circumstances in which dismissals are involuntary, courts generally make decisions as to the prejudice or harm caused to the parties. An involuntary dismissal does not always mean that it is with prejudice to the refilling. Involuntary dismissals are generally used when the interests of justice mandate the judicial action. One example is found in cases in which the defendants’ affirmative defenses are sustained by the court. For example, when defendants can prove their alibis, then the prosecutors or the judges, upon proper motions, may enter dismissals based on the perfected defenses.
It is important to recognize that dismissals do not include rulings or judgments on the issues at trial. In most instances, dismissals occur prior to trial, and in almost all instances before verdicts or judgments are rendered. Thus, the dismissals are not legal determinations in the truest sense. Nevertheless, they may have impact similar to those of judgments. For example, dismissals with prejudice have the same weight in preventing subsequent charges for the same offense that findings of “not guilty” have at trial.
Another important point in criminal cases is that dismissals prior to the start of jury trials do not necessarily violate the concept of double jeopardy. This means that a dismissal at any time up to the point of picking a jury or beginning the trial does not restrict the later prosecution of the same case, unless prejudice has been ordered by the court.
Bibliography
Acker, J. R., and D. C. Brody. Criminal Procedure: A Contemporary Perspective. 2d ed. Sudbury, Mass.: Jones and Bartlett, 2004.
Del Carmen, Rolando V. Criminal Procedure: Law and Practice. 6th ed. Belmont, Calif.: Wadsworth, 2004.
LaFave, Wayne R., Jerold H. Israel, and Nancy J. King. Criminal Procedure. 4th ed. St. Paul, Minn.: Thomson/West, 2004.
McCurley, John. "Pretrial Motion to Dismiss: Ending a Criminal Case." Lawyers.com, 2 Aug. 2022, https://legal-info.lawyers.com/criminal/criminal-law-basics/pretrial-motions-to-dismiss-ending-a-criminal-case.html. Accessed 25 June 2024.