Criminal Defense
Since 1993
Since 1993
CAN MY CASE GET DISMISSED AT PRETRIAL IN CENTRAL FLORIDA? FAQs
Q: Can my case get dismissed at a pretrial conference?
A: Yes, it is possible for your case to get dismissed at a pretrial conference, though it is not the most common scenario. Dismissals usually occur before a trial, after a trial, or following a suppression hearing. A pretrial conference is primarily a status update where the judge is informed about the case’s progress.
Q: What typically happens at a pretrial conference?
A: At a pretrial conference, your attorney and the prosecutor update the judge on the status of your case. They discuss whether the case is ready for trial, if a plea deal has been reached, or if more time is needed to prepare (requesting a continuance). It’s not usually the court date where a case gets dismissed, but it can happen if the prosecutor decides they don’t have enough evidence to proceed. The bottom line is that it is pretty rare for a case to be dropped at pretrial.
Q: Under what circumstances might my case be dismissed at pretrial?
A: Your case might be dismissed at pretrial if the prosecutor stands up and informs the judge that they do not have enough evidence to proceed to trial. This can happen when new evidence comes to light, key witnesses are unavailable, or the existing evidence is insufficient to prove the case beyond a reasonable doubt. This is rare for a pretrial, but it happens.
Q: How likely is it that my case will be dismissed at pretrial?
A: The likelihood of your case being dismissed at pretrial depends on the specifics of your case and the evidence the prosecution has. Your attorney will have a good understanding of your case and can give you an idea of the chances of a dismissal at pretrial. They will know if there is a strong possibility that the prosecutor may decide to drop the case.
Q: What should I do to improve my chances of a dismissal?
A: To improve your chances of a dismissal, it’s crucial to have an experienced criminal defense attorney who can thoroughly review the evidence, identify weaknesses in the prosecution’s case, and effectively advocate on your behalf. Your attorney can negotiate with the prosecutor and present compelling arguments for why the case should be dismissed.
Q: What should I do if I don’t have an attorney?
A: If you don’t have an attorney, hiring one as soon as possible is essential. An experienced attorney can provide you with the best chance of having your case dismissed or achieving a favorable outcome. In Central Florida, including Orange, Seminole, Osceola, Lake, Brevard, and Volusia counties, I handle these cases and can help you navigate the legal process. If you need assistance, please get in touch with my office. My name is John Guidry, and I am here to help.