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  1. #1

    Default How to Get a Case Dismissed

    My question involves criminal law for the state of: New Hampshire

    I have retained counsel for a simple assault-DV and interfering with making an emergency call. My attorney has entered a plea of not guilty, is it possible to motion the court to dismiss the case before trial? What can I expect to happen at the trial? And does it matter that my fiance is not pressing charges and he has stated to the prosecutor he wants the case dropped?

  2. #2
    Join Date
    Jan 2006
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    27,121

    Default Re: Case Dismissed

    And does it matter that my fiance is not pressing charges and he has stated to the prosecutor he wants the case dropped?
    the state is who is prosecuting the case (pressing charges) so the victim/witness not wanting the prosecution does not affect the prosecutors decision.

    is it possible to motion the court to dismiss the case before trial?
    sure. Of course, the prosecution will not take a case to court they do not believe they have a good chance of winning so dismissals prior to trial but after indictment are not common.

    What can I expect to happen at the trial?
    Not sure what you mean. If you have a jury trial, there will be a group of people in a section of their own watching everything. You will sit at the defendant's table and the prosecutor will sit at the prosecution table. The state will present their evidence to show why they believe you are guilty. Your attorney will put on a defense as necessary. After everybody is done, the jury (if applicable) will leave to make a decision or if no jury, the judge will recess the court to make his/her decision.

    The verdict will be announced and if not guilty, you leave. If guilty, then sentencing will be scheduled.

  3. #3

    Default Re: How to Get a Case Dismissed

    Thank you. What to expect is just that...I've never been arrested, have no criminal background and are heartsick that any of this happened.

    Trial is set for 1 1/2 months...in the meantime my finace lives in his car and we have no contact. In NH there appears there is nothing to do about that.

    I just wonder will the trial be just that day? Or will, as in family court, go on and on...I can't survive without his financial support and it was all just a stupid argument.

    How likely is it that the prosecutor will drop charges? And will that or can that happen before the court date?

    Thank you.

  4. #4
    Join Date
    Jan 2006
    Posts
    27,121

    Default Re: How to Get a Case Dismissed

    he can still get his money to you if that is a big issue. You can arrange for a 3rd party to be a go-fer but clear any such actions with the police prior to actually doing it.

    as to a trial; unless there is a lot of evidence to be presented, it will likely be a couple days at most. Depending on how the particular court works, they could set a jury in the morning or even the day before and then have the trial in the remainder of the day. Deliberations are not likely to be lengthy so all told, a couple days.

    I do not know the specifics of your situation but there are often opportunities for pre-trial action such as plea bargaining or deferral programs. You should speak with your attorney as to such possibilities.

    You need to realize that as part of a sentence, a no-contact order may be part of it. It could last much longer than getting to and through the trial.

    do you know what the specific charge is?

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