If the case is not brought to trial within 365 days, you can get your criminal charges dismissed in Massachusetts. Speedy Trial/Rule 36: Rule 36 requires that any criminal case be brought to trial within a year. Keep in mind that probable cause means any evidence whatsoever to support all the elements of the offense, even if the evidence is not believable or contradicted by other evidence. Lack of Probable Cause: If there was not enough probable cause in the police report, your criminal defense attorney can ask the judge to dismiss the case. There are many different grounds your attorney can argue to dismiss your case, but not all cases can get dismissed, obviously. What are the Grounds for a Motion to Dismiss in Massachusetts? You can later get the case sealed or expunged, though, which will make it much less likely to appear on your record. Will a Dismissed Case Appear on my Record?Īny case you were arraigned for will appear on your record or CORI, so unless the case was dismissed before arraignment, it will show up on your record. Most of the time, a motion to dismiss in Massachusetts results in a dismissal without prejudice, but rarely, it can be with prejudice. With prejudice means that the charges cannot be reinstated, while without prejudice means the police department can issue a new complaint against you even after the dismissal. There are two types of dismissals in Massachusetts – with prejudice and without prejudice. ![]() ![]() ![]() What are the Types of Dismissals in Massachusetts? There are many grounds for a motion to dismiss in Massachusetts and types of dismissals. However, it is often easier said than done and requires an experienced criminal defense attorney. Getting your criminal charge dismissed is one of the best results you can get in Massachusetts.
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