Dismissal
Criminal LawLegal information only — not legal advice. B-Legal is not a law firm and use of this site does not create an attorney-client relationship. Consult a licensed attorney before acting.
Plain-English Meaning
When a court terminates a case without a conviction. A dismissal can be with prejudice (the charges cannot be refiled) or without prejudice (the charges can potentially be refiled). Dismissals can happen for many reasons: lack of evidence, constitutional violations, speedy trial violations, or agreement of the parties.
Legal Context
In New York, criminal cases can be dismissed on several grounds under N.Y. CPL § 170.30 (misdemeanors) and § 210.20 (felonies), including: insufficient accusatory instrument, violation of speedy trial rights (30.30), interest of justice, and completion of an ACD (Adjournment in Contemplation of Dismissal). A dismissal is not a finding of innocence — it means the prosecution did not meet the legal requirements to proceed. Dismissed cases may still appear in records, and sealing procedures are separate.
Real-Life Example
Nicole's misdemeanor case was dismissed when the prosecution was unable to convert the complaint to a legally sufficient information within the 30.30 deadline. The judge granted the defense motion, and the case was dismissed in the interest of justice. Nicole was not convicted, but the arrest record still existed until she applied for sealing.
Related Terms
Source
Based on N.Y. CPL §§ 170.30, 210.20. Original B-Legal plain-language explanation.
N.Y. CPL §§ 170.30, 210.20
Definitions are simplified for education. Legal meanings vary by jurisdiction, context, and case facts. This definition is original B-Legal content and is not affiliated with or derived from any proprietary legal dictionary.