Angel Kane, Attorney

Understanding Criminal Law: Retirement vs. Dismissal

Image: gavel and judge's quarters

  If you have a criminal case, sometimes either a retirement or a dismissal may be obtained. The laws surrounding both can be confusing, so hiring an experienced criminal lawyer to navigate the system is often an advantage. Below is a brief summary of the two.

  A dismissal is exactly what it sounds like; your case is dismissed in its entirety. It is rare to walk away with an outright dismissal. However, an outright dismissal does happen on occasion, and having a local lawyer fighting on your behalf is a good step in that direction.

  A retirement, on the other hand, is a continuance with a dismissal at the end. Once the criminal case has been continued for some time, it is dismissed, as if it never occurred. A retirement may be conditioned upon certain factors being met. Further, at the end of a retirement, when the case is dismissed, a person is eligible to have their criminal record expunged.

  The difference between a retirement and a dismissal is that a dismissal completes your case right away, while a retirement dismisses your case after a set period of time. It is important to note that a retirement may also be conditioned upon certain requirements, including community service, probation, payment of fines, or other tasks, which must be completed before your case is dismissed.

  It is possible to have a criminal case andget a retirement, or even a dismissal. However, these results depend upon the facts of each case. Consulting an experienced local lawyer, who knows their way around the court system is a good start in that direction. Call us for a consultation at (615) 784-4800.

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