Can a lawyer dismissed a case before first court date?
I was told by a lawyer that a case can be dismissed or handled before the first court date.
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Joshua Sachs
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on Sep 16, 2014
Well, yes, maybe, but it depends on what you mean by "dismissed or handled before the first court date." If a charge has already been filed, your lawyer can - if the facts are right - reach an agreement with the prosecutor before the first court date that the case will be dismissed. However, the actual dismissal would not take place until the case comes up in court because the dismissal order must be entered by the judge. If no charge has yet been filed your lawyer might be able to convince the prosecutor not to file a charge at all, in which case there would never be a court date because there would never be a "case." And that is the best outcome of all, isn't it?
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on Sep 16, 2014
Well, yes, maybe, but it depends on what you mean by "dismissed or handled before the first court date." If a charge has already been filed, your lawyer can - if the facts are right - reach an agreement with the prosecutor before the first court date that the case will be dismissed. However, the actual dismissal would not take place until the case comes up in court because the dismissal order must be entered by the judge. If no charge has yet been filed your lawyer might be able to convince the prosecutor not to file a charge at all, in which case there would never be a court date because there would never be a "case." And that is the best outcome of all, isn't it?
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Melissa I. Smejkal
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on Sep 16, 2014
No, a case cannot be dismissed before the first court date. The state has to do it in court.
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on Sep 16, 2014
No, a case cannot be dismissed before the first court date. The state has to do it in court.
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John Paul Dickson
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on Sep 16, 2014
Your lawyer can speak with the prosecutor and convince the prosecutor to nolle pros the case on or before the first court date.
<a title="Dickson Law Group, LLC" href="http://dicksonlawgroup.com">Dickson Law Group, LLC</a> is a McHenry County, Illinois law firm authorized to practice in the courts of Illinois and Wisconsin. We provide legal services for individuals and small businesses in the areas of bankruptcy, business law, criminal defense, divorce, family law, personal injury, probate law, real estate law, traffic tickets and DUI defense, estate planning, and litigation.
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on Sep 16, 2014
Your lawyer can speak with the prosecutor and convince the prosecutor to nolle pros the case on or before the first court date.
<a title="Dickson Law Group, LLC" href="http://dicksonlawgroup.com">Dickson Law Group, LLC</a> is a McHenry County, Illinois law firm authorized to practice in the courts of Illinois and Wisconsin. We provide legal services for individuals and small businesses in the areas of bankruptcy, business law, criminal defense, divorce, family law, personal injury, probate law, real estate law, traffic tickets and DUI defense, estate planning, and litigation.
No attorney-client relationship is formed between our attorneys and you merely by answering questions on Avvo. An attorney-client relationship will arise between you and our firm only if we specifically agree to act for you. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
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Anthony Robert Scifo
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on Sep 16, 2014
Yes, a civil case can be settled and dismissed by agreement prior to the first Court date, can voluntarily dismiss the case under 5/2-1009 of the Illinois Code of Civil Procedure, or have the case dismissed for want of prosecution. More facts are needed, however, and the attorney you spoke with probably had more information. You should consult with an attorney to discuss the facts of your particular case.
Best of luck to you.
The question you have submitted to Avvo.com is to a public forum. As such, there is no attorney-client privilege established. Further, any answer provided to your question does not form an attorney-client relationship between yourself and Anthony R. Scifo. Any answer provided is not intended to be legal advice, and is provided for general educational purposes only. Further, please be advised that there may be additional information not disclosed that may change or alter the general answer provided. For any and all legal questions you may have pertaining to your specific case or set of circumstances, please consult with an attorney.
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Guardianship Law Attorney in Elgin, IL
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on Sep 16, 2014
Yes, a civil case can be settled and dismissed by agreement prior to the first Court date, can voluntarily dismiss the case under 5/2-1009 of the Illinois Code of Civil Procedure, or have the case dismissed for want of prosecution. More facts are needed, however, and the attorney you spoke with probably had more information. You should consult with an attorney to discuss the facts of your particular case.
Best of luck to you.
The question you have submitted to Avvo.com is to a public forum. As such, there is no attorney-client privilege established. Further, any answer provided to your question does not form an attorney-client relationship between yourself and Anthony R. Scifo. Any answer provided is not intended to be legal advice, and is provided for general educational purposes only. Further, please be advised that there may be additional information not disclosed that may change or alter the general answer provided. For any and all legal questions you may have pertaining to your specific case or set of circumstances, please consult with an attorney.
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Jay Scott Finnecy
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on Sep 16, 2014
Technically a case is not "dismissed" before the first court date, because in essence the case is never filed. Yes, this can be done and it happens all the time. Without knowing more about the circumstances of your case, it's impossible to say whether this result is likely for you, but diligent criminal defense attorneys work hard every day to convince prosecutors to forego filing charges against their clients.
Experienced Criminal Defense Attorney--
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4.2608695652174 stars
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Criminal Defense Attorney in San Diego, CA
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on Sep 16, 2014
Technically a case is not "dismissed" before the first court date, because in essence the case is never filed. Yes, this can be done and it happens all the time. Without knowing more about the circumstances of your case, it's impossible to say whether this result is likely for you, but diligent criminal defense attorneys work hard every day to convince prosecutors to forego filing charges against their clients.
Experienced Criminal Defense Attorney--
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