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  #1  
Old 04-14-2010, 11:16 AM
YulyDGonzalez's Avatar
YulyDGonzalez YulyDGonzalez is offline
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Exclamation "Judge erred in dismissing charges" What can I do?

Ok, my husband has a Hold (not detainer) in other State.
They were more people involved in which one of them PAID IN FULL all restitution charges, so, after 1 year of fitting with this people, I finally saw in the system that the case was dismissed I even bought the document from the website, but......
when I got in contact with the prosecutor assistant she told me that it was an ERROR , then I contacted the lawyer & he told me this on 4-2

*I spoke to the trial prosecutor. He says that his office asked for the dismissal on R... but not on your husband. So, the judge may have erred in dismissing both cases.

However, the trial prosecutor said he wants to dismiss your husband's case too. He needs his boss' approval. The trial pros does not know why his boss decided to dismiss R... and not your husband.
He is going to get back to me. *

STILL NO ANSWER.

My question is: Can that be possible? I have the document in which states that the case was dismissed, who should I contact or talk about this?
The lawyer is not helping @ all. Any advice?

Thank you !
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Old 04-14-2010, 12:54 PM
Gryphon Gryphon is offline
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The only way to sort it out is to return to that court and ask the Judge who is correct. You in fact might be in possession of a typo. It seems to me that neither the court nor the prosecutor should put a hold on him without un-doing the on paper dismissal, but shouldn't doesn't mean much when they obviously DID do it.
This is the sort of thing an attorney may be able to straighten out (be it good news or bad news) without the appearance of the defendant (since the discussion is about typos or valid orders).

Dismissal with restitution is in fact something that happens sometimes, but the DA is correct that it didn't HAVE to include all the defendants. (A clerk could easily make a mistake and include all co-defendants on the court paperwork since that's usually how they appear on court filings.) You might want to buy a transcript od teh hearing where the dismissal happened, as well as any court dates that referenced entertaining a dismissal if restitution was paid.


Quote:
Originally Posted by YulyDGonzalez View Post
Ok, my husband has a Hold (not detainer) in other State.
They were more people involved in which one of them PAID IN FULL all restitution charges, so, after 1 year of fitting with this people, I finally saw in the system that the case was dismissed I even bought the document from the website, but......
when I got in contact with the prosecutor assistant she told me that it was an ERROR , then I contacted the lawyer & he told me this on 4-2

*I spoke to the trial prosecutor. He says that his office asked for the dismissal on R... but not on your husband. So, the judge may have erred in dismissing both cases.

However, the trial prosecutor said he wants to dismiss your husband's case too. He needs his boss' approval. The trial pros does not know why his boss decided to dismiss R... and not your husband.
He is going to get back to me. *

STILL NO ANSWER.

My question is: Can that be possible? I have the document in which states that the case was dismissed, who should I contact or talk about this?
The lawyer is not helping @ all. Any advice?

Thank you !
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  #3  
Old 04-16-2010, 02:31 PM
lin787 lin787 is offline
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some times all the info can be accessed on line. Fl is an open book.

edit: whoa;;; Yule, you are in Fl, I didnt see that. I assume you are in Dade County. Go to their criminal court clerk of courts, type in his name, or his case number, just keep fiddling around in there and it will pop up then print it off.

Last edited by lin787; 04-16-2010 at 02:34 PM..
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Old 04-16-2010, 05:42 PM
Gryphon Gryphon is offline
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Quote:
Originally Posted by lin263 View Post
some times all the info can be accessed on line. Fl is an open book.

edit: whoa;;; Yule, you are in Fl, I didnt see that. I assume you are in Dade County. Go to their criminal court clerk of courts, type in his name, or his case number, just keep fiddling around in there and it will pop up then print it off.
That'll only give you the clerk's minutes. She'll likely need the transcripts. Online court information is frequently the victim of poor data entry, unless they are scanning in the actual orders.
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Old 05-14-2010, 11:16 AM
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YulyDGonzalez YulyDGonzalez is offline
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Post Update/ Please help ☺


This was the last email from my husband's lawyer. Until now I haven't had any news. My husband sented again an appeal to see if they take him to court. This has been going on for 2 years. It's incredible.

From the clerk's office
The one page document indicates a dismissal was entered in error on March 02, 2010. The court has reinstated the original charge. The document is signed by the judge. Should you wish a copy the cost is one dollar.


Fri, Apr 2, 2010 11:08 am

No news. I have followed up with the prosecutor to see if he is going to dismiss.

As matters stand right now, there is no "detainer" on your husband from Oakland County, MI. This means that when he finishes his time in FL, he will be released. Just walk out the door. (true?)
Then, if Oakland County later decide they want to prosecute, they would have to find him, have him arrested, and extradite him. They are unlikely to do all this. (Really?)

If I go to court seeking a dismissal for failure to file a detainer, or for failure to comply with speedy trial rules, the prosecutor may decide to bring him to MI for a trial now. (what is he waiting for?)


Can someone tell me what to do, this is a nightmare for us.
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