There is no probable cause , why wont they dismiss ?

Question

I have been charged with 2 felonies , filing a false police report and intimidation. The judge in pretrial said he saw no evidence of these charges and asked the prosecution to itemize them. When I came back to court they did not itemize so the judge dismissed . They immediately appealled and as far as itemizing alls they did is put down 2 dates. My lawyer instantly put in a motion to dismiss for lack of probable cause . It went in front of the original judge which dismissed it and we thought for sure he would dismiss , but he gave them 2 more weeks to clearly itemize the charges. I heard the judge say he doubted they would be able to do so , and told my lawyer he will dismiss it if they dont . My thoughts are they will probably try to skew the wording in the police report and itemize that to try to force it into court if the judge does not call them on it . This has been going on for 6 months if they had probable cause wouldnt they have itemized them by now ? Any thoughts ?

Answer 1

All courts in the country get federal money for cases from the government, so they keep cases ongoing to get this money, and as a result you have to wait for them to process your case.It sounds like you live in a small town, these small towns drag cases out to get the federal money.A big city wouldn't have charged you, and if they did and it was dismissed, a bigger city wouldn't appeal it because they have ''bigger fish to fry.'' Good Luck!

Answer 2

The judge is giving them a chance to get their act together in case you actually did it. Sounds like he's starting to get fed up with them though. Expect it to be dismissed again in 2 weeks if they don't pull out something big.

As far as why they haven't done it yet, maybe they are being lazy. Who knows.

Answer 3

Strange that you are in this mess to begin with...

Personally, Ive never even been close to being charged with any felony.

Hmmm.