Legal Question in Criminal Law in California
Disposition Code?
Hello,
I need help identifying this information I got from a friend that is an inmate at NCCF. The charge is a felony of possession of narcotic, however sentence date is ''9/17/2001'' and number of days sentences is ''0''. The disposition code says ''48hr'' and the disposition description says ''Lack of probable cause-per magistrate''. Can someone tell me what this means? Does this mean that this case has been dismissed? And what does the disposition code mean?
Thank you!
1 Answer from Attorneys
Re: Disposition Code?
Yes, it means that case has been dismissed. "Lack of probable cause - per magistrate" means a judge (normally at a preliminary hearing) has determined that there is no probable cause.
The purpose of a preliminary hearing is to determine if there is probable cause. If there is probable cause, the defendant is bound over for trial on a felony charge in Superior court. If there is no probable cause, the case is dismissed.
However, the DA can re-file the case, and your friend would start all over again.
If that was the only charge, your friend should have been released. I'm assuming he wasn't on probation or parole, or under some other charge.
If your friend is being held illegally, his attorney can bring a writ of habeas corpus to get him released.
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