Oceanside, CA asked in Criminal Law for California

Q: What does "The case is dismissed pursuant to 1385 PC ; re: No useful purpose on the motion of People" mean?

My little sister gets arrested weekly due to a drug addiction. It's always under the influence of a controlled substance. She's been granted prop 36 numerous times, gets 3 strikes, it gets revoked and immediately reinstated. She gets released from custody, ordered to appear at her next court date, doesn't appear, a warrant is issued, gets arrested and the whole cycle starts over. I am very curious what the "No useful purpose on the motion of people" means as this is shown in the docket info from her last court date before she was released from custody.

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1 Lawyer Answer
Kevin E Mitchell
Kevin E Mitchell
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: You would have to ask the DA listed on the minute order what he or she meant by "No useful purpose"

1385. (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.

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