QUESTION
What are my rights if the court lost my DUI file?
Asked on Feb 19th, 2012 on DUI/DWI - Michigan
More details to this question:
My case was transferred from one city to another, and the court lost my file what are my rights? Can I have my DUI dismissed because of this error?
8 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Your case could not have been transferred. Perhaps your probation was transferred. You have not provided information that would require a dismissal.
Answered on Feb 24th, 2012 at 6:23 PM
Michael J. Breczinski
This might give your attorney some bargaining power but probably not a dismissal.
Answered on Feb 24th, 2012 at 8:14 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. It won't be dismissed. The file will get re-created.
Answered on Feb 24th, 2012 at 7:53 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If the court lost your file and the prosecutor cannot prove its case, then you will in all likelihood get a dismissal.
Answered on Feb 23rd, 2012 at 4:17 PM
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No, it's not an automatic dismissal, but hire a great DWI attorney and sounds like lots of room for error.
Answered on Feb 23rd, 2012 at 2:21 PM
Possibly. Hire a DUI specialist so you don't get fooled by them. Chances are there can be sanctions imposed, but as long as the prosecutor has their file there are thingsfor which to continue the prosecution.
Answered on Feb 23rd, 2012 at 1:36 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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In this situation, I believe that a Motion To Dismiss could be filed. You should hire an attorney to get this done so that you are not railroaded into admissions. Also, do not provide the Court with copies of any documents you may have, like a breathalyzer test result or statement, etc. Contact this office with questions or if you wish to hire this office to seek the dismissal.
Answered on Feb 23rd, 2012 at 1:16 PM
The loss of the file probably will not result in a dismissal of the charges as the documents in the file can be recreated.
Answered on Feb 23rd, 2012 at 12:32 PM