Was Your Criminal Case Dismissed? Beware! | Washington State |

In this video, Washington State Attorney Jennifer Witt provides words of caution to people who have had their criminal case dismissed, or declined, shortly after their initial arrest.
While many people believe this is cause for celebration, people in the criminal justice field understand that this is merely a procedural move by the State (or Prosecutor) that allows them to continue gathering evidence, such as blood results from the crime lab, so that they can build a stronger case against the defendant. Once the State obtains all the evidence they want, then the file charges at a later date. So if a case is dismissed, that is often temporary. The State will refile those same charges at a later date that is more advantageous to their own prosecution of a defendant. So don't go buy a lottery ticket or celebrate - contact a local defense attorney right away. Ideally someone who will monitor the dismissed / declined case for you, so they can see when the charges are refiled. This is the only sure-fire way to avoid a warrant.
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Witt Law Group PS
www.WittLegal.com
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[@AquaFirma]

Thanks for sharing!

[@Jason-ye5tp]

Hi, my case was just dismissed but everything started around September of last year and I was told that the charge on me was completely dropped and that the charge wouldn’t show on background checks but that’s the arrest will just wondering for sure because I hear lots of different things

[@shawncarroll5255]

I look at this advice "with prejudice" - for those of you who have viewed this, that means the case was dismissed and the charges cannot be brought again. However the fact you were arrested for a DUI is still on your record, and then you have to get it expunged, which is still more expense.
Also, you need to look at not waving time when being booked in front of a judge, or whatever the exact phrasing is for Washington State. That means in many states that you lose your right to a speedy trial. Lawyers won't recommend this because as a rule defendants stand to gain more when a trial is delayed, as witnesses become unavailable, they forget things, etc. The problem is that if you can afford it lawyer, you can also typically afford bail, or a bail bondsman.
Except when you can't. The problem then becomes that if you've just waived time, you can be like the teenager who sat in Riker's Island prison for 3 years, where he was viciously treated. He finally got out with no charges, and ended up committing a suicide shortly afterwards. They have shown that the chances of you being convicted start going up substantially the longer you spend in jail. Again, why you should approach waving time very cautiously.
If you get a lawyer you get lower bail set typically, sometimes enough lower if you're going with a bail bondsman to actually pay for your lawyer. Plus public defenders are so massively overworked right now that they literally would be sanctioned if they were a private lawyer taking that kind of caseload.

[@cjbroz313]

I don't understand what you mean by "waiving time."

[@shawncarroll5255]

@@cjbroz313 That's a common phrase, and I'm not a lawyer so I don't know if the term is used in all 50 states. What it means it is that you are not surrendering your right to a speedy trial at your first hearing, you may to make sure of that. Especially if they are going to set your bail high, or some such. If you have they won't be happy because they are so over worked they rely on delays to maybe get the case cool off and get a plea deal.

[@SG-xb7de]

What about Criminal DV Assualt 4?

[@wittlawgroupps]

If they dismiss an Assault 4 - DV it could be for numerous reasons, but here are the most common: (1) after review, the State didn't think there were facts sufficient to secure a conviction, or (2) mutual combat (some jurisdictions will dismiss based on this when they can't distinguish between the victim and the aggressor, or (3) the State may be waiting to determine the severity of the injury, and the Assault could be dismissed and refiled at a higher level, meaning as a Felony. Hope this answers your question.

[@SG-xb7de]

@@wittlawgroupps It does, thank you! I'm advised to submit a Mitigation Report to present to the prosecutor & get the case dismissed, as I'm a DV Survivor & falsely accused. Does Mitigation imply me accepting guilt in any way? My lawyer says no, but internet says otherwise.

[@wittlawgroupps]

@@SG-xb7de - typically no. We do that all the time. Sometimes you have to give a little to get what you want in the end. It sounds like you have run it by your attorney, and they believe it is your path forward. If you don't trust your attorney, you may need another attorney.

[@SG-xb7de]

@@wittlawgroupps Thank you for confirming!

[@cjbroz313]

Commenting for the YT algorithm.