CdwJava
Senior Member
What code section is this charge?what he offered was that he was going to drop the first charge which was a trespassing charge but he ADDED another charge for "trying to open the window" which my ex stated i did in the police report.
What record do you think that would be?So he offered to drop the charge of trespassing and reduce the second charge to an infraction with a fine of $1500. I do not want an infraction because it still shows up as a "conviction" on my record and that is exactly what im trying to avoid.
Besides, in CA employers ask about misdemeanor or felony convictions, not infractions. An infraction is the same as a traffic ticket.
He has to have some argument - some grounds - to make the request. What is it?This is my attorney's first trial if it gets that far, my question is does it hurt to still file a motion for dismissal?
995. (a) Subject to subdivision (b) of Section 995a, the indictment
or information shall be set aside by the court in which the
defendant is arraigned, upon his or her motion, in either of the
following cases:
(1) If it is an indictment:
(A) Where it is not found, endorsed, and presented as prescribed
in this code.
(B) That the defendant has been indicted without reasonable or
probable cause.
(2) If it is an information:
(A) That before the filing thereof the defendant had not been
legally committed by a magistrate.
(B) That the defendant had been committed without reasonable or
probable cause.
(b) In cases in which the procedure set out in subdivision (b) of
Section 995a is utilized, the court shall reserve a final ruling on
the motion until those procedures have been completed.
And, of course, you would have to convince the court that your account was accurate. I doubt the DA would roll over on that, and usually a court will agree that the issue is a matter for a jury.or information shall be set aside by the court in which the
defendant is arraigned, upon his or her motion, in either of the
following cases:
(1) If it is an indictment:
(A) Where it is not found, endorsed, and presented as prescribed
in this code.
(B) That the defendant has been indicted without reasonable or
probable cause.
(2) If it is an information:
(A) That before the filing thereof the defendant had not been
legally committed by a magistrate.
(B) That the defendant had been committed without reasonable or
probable cause.
(b) In cases in which the procedure set out in subdivision (b) of
Section 995a is utilized, the court shall reserve a final ruling on
the motion until those procedures have been completed.
If the DA feels she will be a poor witness, or lacks credibility, he may drop the matter. If she comes across as credible, then he may well go ahead. There is no way to predict his actions because we do not have the information he has.Is it likely that after the DA contacts her and assuming she doesn't say anything and seems apologetic and also reading through the packet my lawyer sent him with all the emails and other evidence knocking down her credibility, that he might decide to drop the case and not pursue it? Or is trial my only option at this point?