Dismissed court case

[legal12345]

What is the name of your state (only U.S. law)? Ca

Hello, i've made a couple topics about my ordeal already but I have one last question.

A few months ago, I was cited with a 23136 infraction and a 25662 MIP misdemeanor. My lawyer told me will be get the case dismissed (court is tomorrow), does a dismissal entail no charge, or just no conviction? I want to go to medical school and would like a clean as record as possible. Some medical schools ask about misdemeanor charges as well as convictions, so it is possible that if my attorney told the judge I was pre-med he would be more lenient on me?

Thanks!

 

[CdwJava]

You have already been charged, so that's moot.

A lack of prosecution by the DA or a dismissal by the court would mean no conviction.

 

[legal12345]

You have already been charged, so that's moot.

A lack of prosecution by the DA or a dismissal by the court would mean no conviction.

Could you elaborate? I thought that the police can only cite, not charge?

 

[tranquility]

A "dismissal" is a case which goes away after the suspect is charged. It would not technically be called a dismissal if the prosecution did not make a charging instrument.

 

[legal12345]

If I'm understanding correctly... the court date prior to my arraignment tomorrow is where I was charged, and now tomorrow is where the case will be dismissed (i.e. not convicted)

 

[tranquility]

You would not have a court date if there was not a charge. Except for infractions where the ticket can be considered a charging instrument, the prosecution has to make a filing for there to be a court date. Just because the date is on the ticket you received, does not mean you have a court date.

Beyond that, ask your attorney.

 

[CdwJava]

And you are assuming the attorney can get it dismissed. He may not. The court does not dismiss cases out of hand, there has to be a reason.

 

[legal12345]

My attorney already went to the first court date, now tomorrow he will be going to the second court date (arraignment I believe?). Is this first court date where I was already charged? Secondly, if the judge reduced the MIP to a misdemeanor, would the charge show as an infraction or as a misdemeanor?

Thank you both so much for the great responses.

 

[legal12345]

OK I just called my attorney, he said I was already charged, but that there are diversion programs to get that off my record; thanks for the help everyone.