How would I be able to get my case dissmissed with prejiduce ?

Asked 11 months ago - Bakersfield, CA

My motion for supress evidence was submitted and I go back so it can be thrown out due to illegal search and seize..I don't wanna be living my life and find out the da refiled on me and I've started school and work

Attorney answers (3)

  1. Vijay Dinakar


    Contributor Level 16


    Lawyers agree

    Answered . The decision to dismiss with prejudice rests with the DA or Judge. Certainly your attorney can attempt to convince the DA or Judge to dismiss with prejudice but if the matter is being dismissed not for lack of evidence but because the evidence was illegally obtained (through a suppression motion) than the matter might not be dismissed with prejudice. Having said that, it is doubtful the DA would refile given that the matter was dismissed because critical evidence was suppressed. The DA would have to legally obtain new evidence to refile. Your attorney would know far more about this matter than anyone here, ask him/her about the status of your case. Do not talk to law enforcement about this or any other matter. Good luck.

  2. Neil Pedersen

    Contributor Level 20


    Lawyers agree

    Answered . I am going to re-post this question in the Criminal Defense practice area as I believe that is where you will find attorneys able to answer this question. Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  3. Richard Franklin Taub

    Contributor Level 14


    Lawyers agree

    Answered . You mights succeed some other way, but not just from a motion to suppress. Even if you win your motion to suppress, the case would not be dismissed. The DA is allowed to evaluate his or her remaining evidence to decide whether he or she can still prove the case. Get counsel to have much better odds in making the case go away, if possible.

    The information provided herein does not create an attorney-client relationship. The information provided is to... more

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