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North Carolina Prosecutor's Explanation of Dismissal or Reduction
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FAQ
A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn't strong enough.If charges get filed regardless of insufficient evidence, then our attorney can file a motion of case dismissal.
Dismissed: means the court or prosecutor has decided the charge against you should not go forward, terminating the case. No charges filed/Charges dropped: means the prosecutor has declined to pursue the case.
A dismissed case means that a lawsuit is closed with no finding of guilt and no conviction for the defendant in a criminal case by a court of law. Even though the defendant was not convicted, a dismissed case does not prove that the defendant is factually innocent for the crime for which he or she was arrested.
Usually, a dismissed charge on your record will say dismissal without leave, meaning your case has been dismissed and the State cannot reopen it for further litigation. As soon as your charge has been dismissed, you are eligible to have it expunged.
A type of determination that is called a dismissal but does not terminate the proceedings is a dismissal with leave. It is authorized in narrow circumstancesthat is, when a defendant fails to appear in court on criminal charges or the defendant has not yet completed a deferred prosecution. See G.S. 15A-932.
What are Grounds for Dismissal?In addition, a dismissal with leave means that there is the opportunity to refile, while a dismissal without leave means that there is not an opportunity for a party to refile.
A dismissed criminal case is one in which you were not convicted. When a criminal charge is dismissed, you are not guilty and the case is concluded.
Dismissal with leave generally means dismissal with permission to refile. This allows the party may amend the pleadings. On the other hand dismissal without leave means that there is no permission to amend or refile a complaint, it is dismissed completely.
Voluntary dismissal with leave, or VL for short, is a special status which means a case is no longer on the active docket at the courthouse, but a prosecutor can reinstate the charges at any time.
