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Misplace or lose?? NO...not here
Dismiss?? probably....especially if the defendant has no history and the victim doesn't wish to proceed
 

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Lawyer and Gun Activist
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28,110 Posts
The Court can't drop or dismiss a case directly, although the Court could indicate that it will rule in the Defense's favor on a critical pre-trial motion, and the Court could indicate that it would sentence the defendant to a very light sentence anyway even if the State prosecutes it as hard as they can.

The real power in prosecutorial discretion, after an arrest has been made, is with the DA's office.

The DA's office might consider dropping the charges and moving for a nolle pros (formal dismissal of the case) IF
(as the Sheriff just said)
-- the victim is totally in agreement (not reluctantly agrees after being pressured)
-- the offender's criminal history shows they are not generally a lowlife criminal who is likely to get in trouble with the law again, AND
-- the offender or his lawyer offers the DA's office a reason why it wouldn't be fair to make him use his First Offender plea on this case, getting a light sentence of probation (could be non-reporting) for a short period of time. Examples of good reasons to do a dead docket / nolle pros. instead of a First Offender might be:
A.) Offender wants to join the military but can't while on any form of probation.
B.) Offender wants to attend college or grad school but anything other than a dismissal will hurt his chances of being accepted, or
C.) Offender and victim are friends, relatives, co-workers, or in some other kind of special relationship that will be strained and diminished if the State punishes one person on the other person's behalf.
 
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