Dismissing Criminal Charges: Easy or Difficult?
Here in the State of Michigan dismissing criminal charges can sometimes be a confusing topic to discuss among the public. The reasons that dismissing criminal charges is so confusing is because of the blogs, posts, and other social media forms of communication. The reasoning for social media confusing the issue of dismissing criminal charges is due to the lack of explanation and differentiation of what classifies as an actual dismissal.
Essentially, dismissing criminal charges can and will consist of essentially two variations of the term “dismissal.” The first variation of dismissing criminal charges actually involves the outright dismissal of a criminal charge due to some reasoning. The reason for a dismissal can be numerous, and it can also vary from case to case. Under this first variation, a criminal case is outrightly dismissed upon a motion by the defendant or the prosecutor. Typically, and depending on the reason for a dismissal, dismissing criminal charges will be granted, but without prejudice. Without prejudice means that the criminal charges dismissed can or could be reissued against the individual. Even though a charge is dismissed without prejudice, it does not necessarily mean the prosecutor will reissue the charges; however, it does allow for them to do so.
The second variation of dismissing criminal charges is usually performed through the use or attachment of a criminal statute. This type of dismissal requires some sort action and compliance. Moreover, these types of dismissals will also require some sort of review or probationary period prior to the dismissal becoming fully effective. Essentially, an individual seeking a dismissal under a statute will be seeking diversion from the conviction. This means that if the individual does what he is told, during a specified period, his or her case will be diverted or dismissed against them. This is different than outrightly dismissing criminal charges. Because the individual is placed under some sort of review or probationary period he or she could potentially lose the ability to have the criminal charge dismissed against him or her. The benefit of dismissing criminal charges, under a statute, is only received upon completing what is asked by the court.
Dismissing criminal charges can be confusing, depending on how it is explained, and depending on what type of dismissal you are receiving. It is important to also discuss your criminal case with a criminal defense attorney because you could be put into a situation where you do not understand what is occurring with your criminal charge. Know the law, maintain your rights, and lawyer-up.