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Dismissal of a Criminal Charge vs. Acquittal After Trial

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  • 04-28-2018, 06:48 PM
    Highwayman
    Re: Dismissal of a Criminal Charge vs. Acquittal After Trial
    Quote:

    Quoting gadfly187Vet
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    I have full confidence in my attorney. But given the nature and time line of the case wouldn't a second or third opinion be prudent ?

    When your life is on the line and doctor gives you an opinion is it not wise to seek a second opinion or third opinion ? I've been in that medical position and very glad I did.


    You get second and third medical opinions from other doctors, likewise you'd be best getting a second legal opinion from another attorney, although your questions,

    ..if the DA agrees to dismiss before trial does it carry an equal weight of being found not guilty at a trial ? If she caught perjuring herself do I have legal recourse ?

    should be simple enough for your attorney to answer, especially since he is familiar with the local courts in your unnamed state.
  • 04-29-2018, 04:06 AM
    gadfly187Vet
    Re: Dismissal of a Criminal Charge vs. Acquittal After Trial
    Quote:

    Quoting doucar
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    If she is given the option to refile, than I simply refuse to accept that, period, full stop. It's my right to face my accuser in court and I will exercise that option.

    It is not a option you get to agree or disagree with. If the prosecutor chooses to dismiss the case, the case is dismissed, whether it is with or without prejudice.

    Didn’t know that thanks
  • 04-29-2018, 10:47 AM
    PayrolGuy
    Re: Dismissal of a Criminal Charge vs. Acquittal After Trial
    Quote:

    Quoting doucar
    View Post

    It is not a option you get to agree or disagree with. If the prosecutor chooses to dismiss the case, the case is dismissed, whether it is with or without prejudice.

    Which is why I wrote "If you somehow...". The OP seems to think he has a option. But the prosecutor could make a deal with the OP along the lines of I will have the case dismissed without prejudice if you do X.
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