Q: In DE County, at a preliminary hearing with the magistrate district court, can the charges/case be dismissed?
A:
You would want to speak with a lawyer who can review all the circumstances surrounding the case, but yes, it is possible.
A judge can dismiss the charges if the prosecution does not provide enough evidence to show it is likely that a crime was committed and that the individual was the one who committed the crime. Keep in mind that if charges are dismissed, it does not always prevent them from being refiled at a later time.
Steve Edward Jarmon Jr. and Tim Akpinar agree with this answer
A:
The Commonwealth has the burden of establishing a prima facie case at the preliminary hearing. If they do not meet their burden of proof, the case will be dismissed.
A lot of things can happen during a preliminary hearing - including the addition of new charges. If you are serious about having a case dismissed at the preliminary hearing, you would be well served to be represented by an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
