Legal Question in Criminal Law in California

Disposition- Dismissed as to Count 1

My 17-yr old son was found guilty on a misdemeanor charge and then the judge immediately dismissed it. Does this mean there is no record of the violation, of the conviction or...?

Thanks

Paul


Asked on 12/15/01, 11:03 am

2 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Disposition- Dismissed as to Count 1

From the facts you've given me it's impossible to answer your questions completely. However, there is a record in the court file of what happened there. And there is a record of the arrest by the police. However, the few facts you've set forth don't make sense. Was there a jury trial in which your son was found guilty? If there was the judge can overturn the jury verdict. But must then order a new trial. So I suggest you find out what really happened, and ask your question again with more of the facts. Or was there a jury trial and the D. A listed several counts, and your son was found guilty of some and not guilty of others? then there's a record of being found guilty. D. A's always overfile cases. The one time in my experience, that the D. A. dismissed a count before the trial. The D. A. lost the trial, and the trial judge pointed out to him that he dismissed the one count the guy was obviously guilty of. I was the defense attorney.

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Answered on 12/15/01, 1:22 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Disposition- Dismissed as to Count 1

Thanks for your posting, but from what you have stated, it is impossible to answer without further facts.

As Mr. Hobbs has stated, much of this depends on whether or not your son went to trial. If his case went to trial, a judge can dismiss convictions that are not legally sound.

If there was a plea bargain, and additional counts were added, it may be that he pled to a new count one, or an additional count, and then the original count one was dismissed.

There likely still is a record of the arrest, and as far as the conviction, as stated above, it depends on the facts. If you want additional information based upon the facts, or have other questions, please email or call my office. Thanks.

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Answered on 12/16/01, 7:15 pm


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