Legal Question in Criminal Law in California

disposition 1385

hello.. i would like to understand the meaning of the following disposition : count 01 and count 02 487 sub1 pc fel : dismissal in furth of justice per 1385 pc on both counts .does it mean that the case is completely over or can it be brought back to court later on? is it a part of a criminal record or has it been totally dismissed? thanks for the information.

Asked on 11/13/03, 10:24 am

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: disposition 1385

This section provides for the dismissal of a criminal complaint in the interests of justice. The da can refile a felony charge that has been dismissed. The pertinent portion of Penal Code section 1385 is copied below.

1385. (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal must be set forth in an order entered upon the minutes. No dismissal shall be made for any cause which would be ground of demurrer to the accusatory pleading.

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Answered on 11/13/03, 11:05 am

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: disposition 1385

Thanks for your inquiry.

California Penal Code Section 1385, I.E., Dismissal In The Interests Of

Justice is, under California law, a dismissal "with prejudice" and the

people cannot refile the case subsequently. To put it succinctly, a dismissal

will terminate the presecution permanently."

It should not be part of any criminal record.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected] It's my pleasure to assist you in any way that I can

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Answered on 11/13/03, 1:59 pm

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