My cousin was arrested for being an accomplice to theft. He was charged with a felony crime. Instead of bail or staying in county lock up, he was let go on O.R. (own recognizance). He has a trial date for early April for arraignment. At this trial, will he do jail time when sentenced? I ask this because he has already been in front of the judge a second time and the judge said the case was dismissed, or at least that's what my cousin was to believe. If in fact it wasn't dismissed, does any one have any legal advice they could give to pass along that I may share with my cousin?
2007-03-29 05:32:27 · 3 answers · asked by fastash310 1 in Politics & Government ➔ Law & Ethics
If the case has actually been dismissed, then it's over. Unless it was dismissed for procedural reasons, and the court gave the prosecutor permission to refile later. But generally, once it's dismissed, it's over. The advice then -- don't break the law.
If it wasn't dismissed, then he shows up for trial. And if convicted, he might get sentenced to jail, or maybe probation, depending on his prior record and the specifics of the charge.
2007-03-29 05:54:07 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
If a judge said the case is dismissed, then it is. If it's on a piece of paper as dismissed, your cousin will do no jail time.
2007-03-29 05:37:10 · answer #2 · answered by LaDonnaMarie 3 · 0⤊ 0⤋
He has an attorney even if he can't afford one. It wil be provided for him.
He should be the one asking his attorney. His attorney will know the answer to the charges being dropped or not. I would never take the advice from a layman (a person that is not an attorney) to give to your cousin.
He also would be notified that the court hearing was not being held.
2007-03-29 05:49:00 · answer #3 · answered by Linda L 3 · 0⤊ 0⤋