Tulsa, OK asked in Criminal Law for Oklahoma

Q: Can a case be dismissed if they change the dates on a Discovery?

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1 Lawyer Answer
Brian Boeheim
Brian Boeheim
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: A case may be dismissed for many reasons. If your attorney filed or orally argued a motion to suppress the evidence under Brady or Kyles, or if the change makes it such that the witnesses will be easily impeached at preliminary hearing or trial, then the DA may choose to dismiss instead of facing the challenges of taking this before a judge or a jury. In short, the changing of dates will not directly precipitate a dismissal, but may move the DA to take that action upon motivation from your attorney.

Frank A. Urbanic agrees with this answer

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