I wanted to find out if the Judge grants a Dismiss to a charge does that mean the person is guilty? Will it show on your record? Do you have to mention this to employers? There was no conviction.
2006-07-14 08:44:40 · 14 answers · asked by Truth 2 in Politics & Government ➔ Law & Ethics
A Not Guilty verdict, whether handed down by a judge or a jury, means that the trier of fact has determined that the state was unable to prove, beyond a reasonable doubt, that you committed the offense with which you were charged.
IF a case is dismissed prior to the first witness being sworn, then jeopardy is NOT attached, and the state may refile the charge again. This is also called a dismissal without prejudice.
IF a case is dismissed after the first witness is sworn (generally) then jeopardy has attached. It means, that under the double jeopardy protection in the Constitution, you can't be charged again for the same act.
Most prosecutors, when jeopardy has attached, will try and do almost anything to avoid having a case dismissed. If, however, they are convinced of true innocence, they may then not oppose a motion to dismiss.
2006-07-14 08:54:31 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
Dismissal occurs when the evidence clearly shows that the defendant is not guilty, so the judge dismisses the case and the DA has to start all over again. In the case of Not Guilty, the jury decides the there is not enough evidence to prove guilt beyond a shadow of a doubt, so they make the Not Guilty decision. Dismissed never shows up on your records. Not Guilty, however, will. Employers can only ask if you were convicted. Not Guilty means you were never convicted, so you don't have to tell them anything, and they have no right to ask.
2006-07-14 15:49:24 · answer #2 · answered by zharantan 5 · 0⤊ 0⤋
A judgement/verdict of guilt of a given charge implies that the charge was NOT dismissed to begin with. A dismissed charge cannot be judged precisely because it was dismissed("thrown out"). So to answer your first question: "No." A charge that is dismissed won't be judged. The only way a dismissed charge could be judged is if it were dismissed after a verdict/judgement was made/given, but I don't think it's possible to dismiss a charge after a judgement is made.
If the charge(s) appear on a record of yours, then the dismissal should also appear. However, because of a dismissal, probably neither the charges nor the dismissal will appear on a record. Either way, either both appear or neither appear.
Assuming the charge(s) were dismissed I don't think you (legally) have to mention it/them to employers. You can only mention the charge(s) and/or its/their dismissal if you want to, but I would not suggest/recommend that.
Of course please note I am NOT a lawyer or a law expert and this is NOT professional legal advice/counsel!!!! Specifics/details may depend on your area/jurisdiction!!! These are my thoughts/SPECULATIONS only.
2006-07-14 16:05:35 · answer #3 · answered by Edward S 2 · 0⤊ 0⤋
If a judge dismisses a charge it is because there is not enough evidence to go to trial. If you were found "not guilty" it means you were found innocent of the crime. I don't think you have to mention it to potential employers and will not show up on your record.
2006-07-15 01:30:32 · answer #4 · answered by SeahawkFan37 5 · 0⤊ 0⤋
If its dismissed then that means the prosecutor didn't have enough eveidence to pursue a conviction in the judges opinion....and no, dismissed charges do not show up on your record
2006-07-14 15:48:35 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Dsimissed means not enough evidence. Not Guilty means you are found not guilty. Neither should show on a record and no need to mention to employers.
2006-07-14 15:47:49 · answer #6 · answered by curiositycat 6 · 0⤊ 0⤋
when your case is dismissed it means that there was not enough evidence to proceed but you could be tried again(in a criminal case). When found not guilty you cannot be tried again for the same crime
2006-07-14 15:50:37 · answer #7 · answered by ric_ozz 3 · 0⤊ 0⤋
Dismissed means there was no finding of guilt or innocence.
You don't have to mention this, unless there was an arrest involved and they ask if you've ever been arrested.
2006-07-14 15:48:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If the case has been dismissed it will not show on your record and you do not need to disclose it.
2006-07-14 15:48:18 · answer #9 · answered by Shqiptare 3 · 0⤊ 0⤋
DISMISSED WILL NOT SHOW ON YOUR RECORD. NOT GUILTY WILL. YOU NEVER HAVE TO MENTION IT TO ANYONE CAUSE HOW WILL THEY EVER FIND OUT UNLESS YOU TELL THEM. USED TO BE A LEGAL ASSISTANT.
2006-07-14 15:48:39 · answer #10 · answered by Anonymous · 0⤊ 0⤋