My DUI case has been re-scheduled 3 times due to missing complaint. Can it be dismissed? 28 Answers as of May 22, 2013

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Law Office of Michael E. Dailey
Law Office of Michael E. Dailey | Michael E. Dailey
Sure, if the judge wants to.
Answer Applies to: Missouri
Replied: 9/19/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Yes. It can also be re-filed before the Statute of Limitations expires.
Answer Applies to: Pennsylvania
Replied: 9/19/2012
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No.
Answer Applies to: Tennessee
Replied: 5/22/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Probably will not be dismissed. Plan to fight the matter.
Answer Applies to: Michigan
Replied: 9/18/2012
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
The prosecutor has 1 year to file a misdemeanor complaint from date of incident under most circumstances.
Answer Applies to: California
Replied: 9/18/2012
    The Gardner Law Firm, PLC | Brandon Gardner
    A case cannot have been initiated without the filing of a complaint. If what you're saying is true, then it sounds like the clerks of the court mis-filed paperwork. If that is not the case, then the case should be dismissed because no case has been initiated.
    Answer Applies to: Michigan
    Replied: 9/14/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Hire an attorney to defend you and he or she will go over the facts of the case and the strengths and weaknesses of the people's case against you.
    Answer Applies to: New York
    Replied: 9/14/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No.
    Answer Applies to: New York
    Replied: 5/22/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    It sure can. If you had an attorney, it probably would have already been dismissed.
    Answer Applies to: Georgia
    Replied: 9/14/2012
    Steven Alpers | Steven Alpers
    The complaint must be filed within 1 year of the offense.
    Answer Applies to: California
    Replied: 9/14/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    CAN it be? No, since there is nothing to dismiss unless and until a Complaint IS filed. Then you can claim prejudicial delay and seek dismissal.
    Answer Applies to: California
    Replied: 9/18/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Possibly. However, the dismissal would probably be "without prejudice", which means that the case could be re-filed if they were abele to find the missing documents. This is not "double jeopardy" because you have not been tried on the case.
    Answer Applies to: Washington
    Replied: 9/14/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Your attorney can make a motion to dismiss and the judge will decide.
    Answer Applies to: Kansas
    Replied: 9/14/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Have your lawyer set it for trial and then it can be dismissed.
    Answer Applies to: Nebraska
    Replied: 9/14/2012
    Law Office of Gregory Crain | Gregory Crain
    No.
    Answer Applies to: Arkansas
    Replied: 5/22/2013
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If the prosecutor announces that he is not ready for trial for any reason he has 90 days to be ready for trial or your lawyer can move to have the case dismissed on CPL 30.30 grounds.
    Answer Applies to: New York
    Replied: 9/14/2012
    Randall M. England, Attorney at Law
    Randall M. England, Attorney at Law | Randall M. England
    At some point the court may be willing to release the bond if charges take too long to get filed. One needs to be careful in asking to be released, however, because that means there is no longer any bond posted in the case. If a bondsman posted the original bond, he is off the hook and so is the defendantbut only for the moment. If the prosecutor later files the charge, it could result in an arrest warrant being issued since there is no longer any bond. That means another arrest and the posting of a new bond at the defendant's expense. As a defense attorney, I always discuss such matters with the prosecutor before I ask the court to release the bond.
    Answer Applies to: Missouri
    Replied: 9/14/2012
    Meadows & Howell, LLC
    Meadows & Howell, LLC | Brad Howell
    The Alabama Constitution states that a complaint or formal accusation must exist to properly notify the accused of the charge against him and to confer jurisdiction upon the court. For all traffic cases, Alabama has adopted the uniform traffic ticket and complaint (UTC) as the accepted form of complaint that must be filed. If no UTC can be found, then they should not be able to pursue the charges against you. I would suggest filing a motion to dismiss, as the court will likely merely continue the case for quite awhile before giving up if you choose to do nothing.
    Answer Applies to: Alabama
    Replied: 9/14/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It can be but it is up to a judge. If the judge gets frustrated enough he can dismiss the charge, but the ADA can reinstate it unless it is Dismissed with prejudice. It doesn't sound like you have an attorney or you would have asked him/her this question. You really should have representation for any criminal charge.
    Answer Applies to: Massachusetts
    Replied: 9/14/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Possibly. It all depends on all the facts and circumstances which you have not outlined.
    Answer Applies to: New Jersey
    Replied: 9/14/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    It should have been dismissed on the first setting. Consider hiring an attorney or at the least rquest the court-appointed attorney.
    Answer Applies to: Alabama
    Replied: 9/14/2012
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    If it's is set for "Trial" by you, then you can use this to file a pre-trial motion to dismiss.
    Answer Applies to: Missouri
    Replied: 9/14/2012
    Ivy Law Group PLLC
    Ivy Law Group PLLC | Ruth Emily Vogel
    Without more specifics it is hard to tell, but probably not. The statue of limitations is three years so they can dismiss and refile if necessary.
    Answer Applies to: Washington
    Replied: 9/14/2012
    Pietryga Law Office | Russ Pietryga
    Not likely. The prosecutor will just refile, even if it was dismissed.
    Answer Applies to: Utah
    Replied: 9/14/2012
    Peacock Law Group of the Lowcountry, LLC | Richard Peacock
    There are some very important issues/details that would need to be discussed. You should consult a local attorney as soon as possible.
    Answer Applies to: South Carolina
    Replied: 9/14/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Perhaps, get an attorney to protect your rights.
    Answer Applies to: Michigan
    Replied: 9/14/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No. A missing complaint means the case has not been filed yet. Without a filed case, no dismissal is possible.
    Answer Applies to: California
    Replied: 9/14/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, you should probably object when the prosecutor tries to reschedule. Tell the judge that you have already had to come to court 3 times and it's unfair for you to keep coming back.
    Answer Applies to: Utah
    Replied: 9/14/2012
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