1.26 Dismissed/Withdrawn Defendant is a legal term used for a defendant who has been removed from a criminal case. This can happen for a variety of reasons, such as a lack of evidence, a plea bargain, a motion to dismiss, or even the death of the accused. There are two types of 1.26 Dismissed/Withdrawn Defendants: voluntary dismissal and involuntary dismissal. Voluntary dismissal occurs when the defendant voluntarily withdraws from the case, while involuntary dismissal is when the defendant is dismissed by the court due to lack of evidence or other legal reasons.