PT2M16S
“Can't the judge just dismiss my case? I hear this question so many times, and often I hear it when either the complaining witness is not available, or if there's evidence missing, or if it seems like a really dumb case, client will often ask me, Well, can the judges dismiss this candidate Justesen my spouse doesn't want to press charges against me, cancer judge sees that the DA isn't getting back to my train time. And I'm not getting anywhere with this case, cancer judge just dismiss it? The answer is generally not. The way that our system is set up is we have an adversarial system, which means that the state is the one that's bringing charges against you.”
“Now we're gonna go before a judge, the judge is an impartial third party, the judge is not allowed to be involved in negotiations, the judge is not allowed to offer plea negotiations of any kind or plea offers. The judge can't say I think this is dumb, it's over.”
“Now, there are some situations where judges can legally dismiss a case, if the statute of limitations was violated, or a DA has failed to meet their burden of proving the case against you, for the Miss targett. Those are ways of the judge can dismiss the case. But generally speaking, you can't say have a domestic violence case where yourself didn't want to call the cop doesn't want to press charges, but the state is still coming at you.”
“But what it would do is it would undermine the adversarial system that we have built here in America where it has to be two parties negotiating or being adverse parties to work through this case, and the judge has to be the impartial person who takes no place in that negotiation. So generally speaking, no, a judge cannot just dismiss your case.”
“Now because there are a couple of other ways that legally a judge can having a criminal defense attorney review your case to see if those apply is great. But generally speaking, a judge cannot just outright dismiss your case.”
“the judge is an impartial third party, the judge is not allowed to be involved in negotiations, the judge is not allowed to offer plea negotiations of any kind or plea offers. The judge can't say I think this is dumb, it's over.”
“Now, there are some situations where judges can legally dismiss a case, if the statute of limitations was violated, or a DA has failed to meet their burden of proving the case against you”
“But what it would do is it would undermine the adversarial system that we have built here in America where it has to be two parties negotiating or being adverse parties to work through this case, and the judge has to be the impartial person who takes no place in that negotiation.”