MOTION TO REINSTATE DISMISSED CASE ; DR19f. MOTION TO REINSTATE DISMISSED CASE ; DR19f 2025

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Legal action has been terminated and the state is not moving forward with the prosecution at least for now. A case can be dismissed at any time during the process, including before trial, during trial, or even after trial (if a convicted defendant wins on appeal.)
When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge, and so the case should not proceed to trial. When a judge decides a motion to dismiss, they are not determining the defendants guilt or innocence. They look at the legal validity of the charge itself.
Many cases are dismissed by lack of cooperation of witnesses, lack of evidence, legal issues, and/or because a defendant qualifies for a conditional dismissal or diversion. Stats have these scenarios taking up 5-8% of all the cases. So, if you do the math, that leaves roughly 2-5% of cases going to trial.
In California, when a case is dismissed pursuant to Penal Code 1385, the dismissal is typically with prejudice. This means that the charges cannot be refiled.
A dismissal is a positive outcome for those who have faced criminal charges, as it always appears more favorable for those considering you for employment, housing, or education opportunities when they see that you were not convicted of a criminal offense.
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What does it mean to reinstate a case? If a case is reinstated it is reopened after being dismissed. If your case was dismissed for want of prosecution, you can ask the judge to reopen your case by filing a Motion to Reinstate Case on Docket and Notice of Hearing (if you file by the deadline discussed below.)
Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendants rights have been violated, or if the state has failed to prove its case.

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