An unusual situation can happen in some cases where a judge will dismiss your case “in the interest of justice.” This is done through California Penal Code Section 1385. A prosecutor can file a motion to dismiss your case under this law, or a judge can dismiss it on its own.
A defense lawyer cannot file a motion to force the court to consider using Section 1385, but they can invite the prosecutor to use and work to persuade them. Dismissals of cases under this law are rare, but they can happen.
Our experienced criminal defense lawyers in Los Angeles may try to use this law if it applies to your case. We’ll explore what this law means, how it works, and how Simmrin Law Group can help you with your criminal case.
What Does Penal Code 1385 Allow?
Under California Penal Code Section 1385, a judge has the discretion to dismiss a criminal action on their own motion (by their own choice) or upon the request of the prosecuting attorney if doing so would serve the interests of justice.
It’s important to note that only the judge or the prosecutor can start a dismissal under Penal Code 1385. As a defendant, you cannot file a motion to dismiss your own case under this statute.
However, your defense attorney can present arguments to the prosecutor and the court to persuade them that dismissal is warranted. If dismissal is requested under this law, the reasons for it and the judge’s decision must be stated for the record.
Why Might a Judge Dismiss a Case Under Penal Code 1385?
Judges have broad discretion to dismiss cases under Penal Code 1385 when doing so would serve the interests of justice. Some factors that may lead a judge to consider dismissal include:
- Mitigating circumstances: If there are compelling facts that reduce the defendant’s culpability, such as mental illness, childhood trauma, or prior victimization, dismissal may be appropriate.
- Disproportionate consequences: When the punishment for the crime would be excessive, given the defendant’s background and the specifics of the offense, a judge may lean towards dismissal.
- Rehabilitation potential: If the defendant demonstrates strong prospects for turning their life around, a judge may view dismissal as a way to facilitate that rehabilitation.
- Conserving judicial resources: In some cases, the interests of justice may be better served by dismissing minor charges to focus limited court resources on more serious offenses.
- Lack of evidence: If the prosecution’s evidence is particularly weak, such as when key evidence is inadmissible due to constitutional violations or credibility issues with witnesses, a judge may see fit to dismiss the case.
- Equitable considerations: Judges may consider the overall fairness of the situation, including any disparate treatment of similarly situated defendants.
These are just some examples of the many factors judges weigh when deciding whether to exercise their discretion under Penal Code 1385. Ultimately, the determination is case-specific and depends on the unique circumstances before the court.
How Does Penal Code 1385 Apply to Sentence Enhancements?
In addition to allowing for the dismissal of entire cases, Penal Code 1385 gives judges the power to strike or dismiss certain sentencing enhancements in the interest of justice. If a judge has the authority to dismiss the enhancement entirely, they can instead choose to strike the additional punishment for that enhancement while keeping the underlying conviction intact.
As of January 1, 2022, Penal Code 1385 requires courts to dismiss an enhancement if doing so would be in the interest of justice unless a specific initiative statute prohibits the dismissal. When deciding whether to dismiss an enhancement, the court must consider and give great weight to any mitigating circumstances raised by the defense, such as:
- The enhancement would result in a racially discriminatory impact.
- Multiple enhancements are alleged in a single case.
- The enhancement could lead to a sentence of over 20 years.
- The current offense is connected to mental illness, prior victimization, or childhood trauma.
- The offense is not a violent felony.
- The defendant was a juvenile at the time of the offense.
- The enhancement is based on a prior conviction over 5 years old.
- A firearm used in the offense was inoperable or unloaded.
The presence of one or more of these mitigating factors weighs heavily in favor of dismissing the enhancement unless doing so would endanger public safety.
How Can a Penal Code 1385 Dismissal Help You?
Having your case dismissed under Penal Code 1385 can be life-changing. It can:
- Protect your freedom: You won’t face incarceration for the dismissed charge.
- Preserve your record: A dismissed case won’t go on your criminal record, making it easier to secure employment, housing, and other opportunities.
- Save you money: You can avoid fines, fees, and other costs associated with a conviction.
- Provide closure: You can move forward without the stress and uncertainty of pending charges.
However, obtaining a dismissal under Penal Code 1385 is far from guaranteed. It takes a knowledgeable and persuasive criminal defense lawyer to convince the prosecutor to seek dismissal and the judge to grant it.
Winning through Section 1385 isn’t the only way to win your claim. You can still fight your charges through more common channels if the prosecutor and judge deny a request to consider dismissing a case through this law.
How the Simmrin Law Group Can Advocate for You
At the Simmrin Law Group, our battle-tested attorneys have a track record of success in achieving victory for your clients. When you trust us with your case, we will:
- Meticulously investigate: We’ll uncover evidence, interview witnesses, and identify holes in the prosecution’s case.
- Develop a strong dismissal argument: Leveraging the facts of your case and the statutory factors, we’ll build a compelling case for dismissal.
- Negotiate skillfully: We’ll push for charge reductions or dismissals through strategic talks with prosecutors.
- Advocate zealously: In court, we’ll fight fiercely to convince the judge that dismissal is in the interest of justice.
Our mission is to secure the most favorable resolution possible at trial. We’ll bring all our talent and tenacity to your defense.
Get the Legal Counsel You Need Today
Don’t let a criminal charge jeopardize your freedom and future. If you or a loved one is facing prosecution in Southern California, the experienced attorneys at the Simmrin Law Group are ready to fight for you.
We offer free consultations to help you understand your options and develop an aggressive defense strategy. To schedule yours, call us 24/7 or fill out our online form. The sooner you reach out, the sooner we can start advocating for a dismissal in your case.
A dismissal in the interests of justice under California Penal Code 1385 could be your ticket to protecting your liberty, clearing your record, and reclaiming your life. Contact the Simmrin Law Group, and let us start fighting for justice in your case.