Legal Question in Criminal Law in California

Ground for dismissal of case invalving 23110 (b) vc.

I would like info on how to get a dismissal for a case involving throwing a substance at vehical/with intent to do harm. There is no indisputable evidence. Just one person saying I shot him with a bebe gun from my car. When I was actually at home asleep.


Asked on 8/21/05, 5:49 pm

3 Answers from Attorneys

Arthur Khachatourians Tyler & Wilson

Re: Ground for dismissal of case invalving 23110 (b) vc.

There are several ways that our firm likes to deal with cases of this nature. Sometimes if we negotiate for you to take a lie detector test, and you do well on it, they will throw the case out. If you do bad on it, Lie detector tests are inadmissible at trial. Also, we may negotiate with the prosecutor, reduce the count, and then do a early termination of probation and expungement to dismiss. Otherwise, we can go to trial for an acquittal. Call Arthur Khachatourians to discuss your options @ 323-655-7180 or cel @ 818-590-8294.

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Answered on 8/22/05, 2:48 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Ground for dismissal of case invalving 23110 (b) vc.

I doubt you can get the case dismissed. Prosecutions do not require "indisputable evidence"; very few things are truly indisputable.

The word of the driver is probably enough evidence to get the case to trial. If the jury believes him, you can be convicted.

You need to get a lawyer if you don't have one already. And if you do have one you should direct your questions to her rather than to this web site.

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Answered on 8/21/05, 6:47 pm
Terry A. Nelson Nelson & Lawless

Re: Ground for dismissal of case invalving 23110 (b) vc.

Dismissal? Not likely, since there is a witness against you. If you don't get the negotiated 'deal' you want from the DA prior to trial, you can try to get an acquittal at trial, meaning found 'not guilty'. With the right facts and witnesses it is possible. You won't likely get far without an experienced attorney.

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Answered on 8/21/05, 9:13 pm


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