Wichita, KS asked in Criminal Law for New Mexico

Q: If a disciplinary report gets thrown out can I still get street charges

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James L. Arrasmith
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Answered

A: If a disciplinary report within an institutional setting, like a prison or school, is dismissed or thrown out, it does not automatically mean you're clear of facing charges in a regular court. The process within institutions often operates separately from the criminal justice system.

Institutions typically handle disciplinary matters internally, according to their own rules and regulations. However, if the actions described in the report also constitute a violation of state or federal law, you could still face criminal charges, commonly referred to as "street charges."

The decision to press criminal charges is usually made by law enforcement and prosecutors, not the institution where the incident occurred. They will consider the evidence, the seriousness of the alleged offense, and other legal factors to decide whether to pursue charges in a court.

If you're concerned about the possibility of facing criminal charges, it's advisable to consult with an attorney. An attorney can help you understand your legal position, the potential risks, and the best way to prepare for any legal challenges that may arise.

Remember, even if a disciplinary report is dismissed, it's important to take any potential criminal implications seriously and seek appropriate legal advice. An attorney can provide the guidance and representation you need to navigate the situation effectively.

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