In criminal law, we say that a case is “disposed” if it has been completed and (in most cases) there are no further actions to be taken. There are several ways this can happen, Some of these ways are favorable to the defendant, and some are not.

A criminal case is disposed if:

  • There will be no further motions, hearings, or trials
  • There has been a final decision by the judges or a jury, or the case has reached some type of final resolution;
  • The court has removed the case from the court docket and is no longer actively managing it.

This typically occurs after you serve your sentence, pay all your fines, and fulfill any other court-ordered obligations.

How Cases Get Disposed

Below is an explanation of the most common ways of disposing of a criminal case

  • Dismissal: A dismissal is every defendant’s dream. In a dismissal, the prosecutor or the court drops the charges against you, and you walk free. This might happen if the prosecution lacks evidence, if your case contains serious procedural errors, or for certain other reasons.
  • Conviction and sentencing: For any criminal defendant, a dismissal is the ultimate goal, while conviction and sentencing represent the worst possible outcome. At this stage, it’s essentially “game over” unless you act quickly to file an appeal, typically within 14 calendar days in Arizona. However, it’s important to note that criminal appeals are rarely successful.
  • Not guilty verdict/acquittal: In this scenario, you go to trial, and the judge or jury (probably a jury) finds you not guilty. That means, of course, that you go free.
  • Plea bargain: In a typical plea bargain, you agree to plead guilty to a lesser charge (from DUI to reckless driving, for example). In exchange, the prosecutor agrees to ask the judge to accept your plea. The judge is under no obligation to accept the prosecutor’s recommendation, but they typically do.
  • Pretrial diversion: Arizona and other states offer pre-trial disposition as an alternative for certain non-violent drug crimes and sometimes other offenses. Pretrial diversion, if successfully completed, avoids trial and avoids a criminal record. This can help you move on with your life despite punishment for a drug offense. Typical punishments include fines and community service.

Each method of case disposition has distinct outcomes, highlighting the importance of understanding your options and seeking skilled legal guidance to navigate the process effectively.

Reopening a Case

Disposed doesn’t always mean irreversibly disposed. Under certain limited circumstances, the state will reopen a closed case. This might happen if:

  • New evidence emerges (DNA tests on old evidence reveal that the convict was not the perpetrator of the crime, for example).
  • Serious procedural errors (the court had no jurisdiction over the defendant, for example).
  • Someone bribed jurors to find the defendant guilty.

To reopen a case, the new discovery, such as new evidence, must have been serious enough to affect the outcome of the case.

Example: DUI

If the state charges you with DUI, for example, your case can be disposed in the following ways:

  • You might go to trial and receive an acquittal (a “not guilty” verdict from a judge or jury).
  • The judge or the jury might convict you of DUI, and you might decide not to appeal the conviction. Alternatively, you might appeal the conviction and lose.
  • You might make a deal with the prosecutor to plead guilty to the lesser charge of reckless driving. If this happens, the judge will probably accept your plea and spare you a DUI conviction. The court will still penalize you for reckless driving.
  • The prosecutor drops your DUI charges due to lack of evidence, and the judge dismisses your case ‘with prejudice,’ ‘With prejudice’ means the dismissal is almost irreversible.

In each of these scenarios, the case is considered disposed. Arizona does not offer pretrial diversion for DUI offenses.

Don’t Delay–Contact a Criminal Defense Attorney Today

If you are facing criminal prosecution in Phoenix, AZ, you have no time to procrastinate. Prosecutions move quickly, and you could ruin your chances of a favorable resolution if you delay taking action or try to represent yourself. Contact Orent Law Offices today to schedule a free consultation with a Phoenix criminal defense lawyer.

Contact the Criminal Defense Lawyers at Orent Law Offices, PLC In Phoenix To Get Legal Assistance Today

For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.

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