Legal Question in Appeals and Writs in California

Can the defense attorney file a 1385 Dismissal motion? and order have the judge order an action to be dismissed? If not how does the issue to the furtherance of justice be brought to the judge? or the District Attorney?


Asked on 1/25/11, 4:31 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The defendant cannot make such a motion. Since you haven't said why you feel a dismissal would be in the interests of justice, there's not much to say in response to the second half of your question.

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Answered on 1/27/11, 1:47 pm


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