Dismissals / Discharges

There are several ways that a criminal case may end without a jury verdict. Some of the most notable are:

  • Discharge for Failure to Initiate Prosecution;
  • Discharge for Defendant to Testify for Prosecution or Defense;
  • Diversion ( PC 1000 Opens in New Window );
  • Alternative Dispute Resolution (ADR);
  • Double Jeopardy;
  • Successful Completion of Drug Treatment Probation / Prop. 36 ( PC 1210.1 Opens in New Window );
  • Civil Compromise (Misdemeanors: PC 1377-1379 Opens in New Window , Felonies: CCP 33 Opens in New Window );
  • Denial of Speedy Trial ( PC 1382 Opens in New Window );
  • Delay in Prosecuting (Statute of Limitations) ( PC 1382 Opens in New Window );
  • Preliminary Hearing Not Completed in Single Session;
  • Dismissal of Complaint at Preliminary Hearing ( PC 871 Opens in New Window );
  • Dismissal of Misdemeanor Complaint ( PC 991 Opens in New Window );
  • Section 995 Dismissal ( PC 995 Opens in New Window );
  • Refusal to Disclose Informant’s Identity;
  • Prosecution Failure to Disclose Material Information;
  • Failure to Provide Discovery;
  • Material Witness Unavailable Due to State Action (or Inaction); and
  • Motion for Mistrial.

Some of these results are more typical than others. For example, PC 1000 Opens in New Window drug diversion, Prop. 36 Drug Treatment ( PC 1210.1 Opens in New Window ), and civil compromises are fairly common in the appropriate case. Mistrials, failure to disclose material information, preliminary hearing not completed in one session, and so on are less common. For more information on these issues, click on the links above.