What is the difference between convicted and dismissed

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. Differences Between Dismissed and Dropped Charges If you are arrested, a number of actions occur before you potentially go to trial.

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Criminal Defense FAQ. What Does a "Clean Record" Mean? Being Charged vs. Being Convicted Job applications often ask questions about past criminal history. Expunctions and Nondisclosure Orders Our criminal lawyers can help you file an order of expunction with the court. But what does that mean for you? If the case against you is dismissed, do you have a criminal record?

Can you still be charged with the same crime? A dismissed criminal case is one in which you were not convicted. When a criminal charge is dismissed, you are not guilty and the case is concluded. Under Virginia law, jeopardy attaches after the jury has been sworn to begin a trial and, if it is a trial without a jury, jeopardy attaches when the first witness is sworn. After that moment, with a couple exceptions, any dismissal including a verdict of not guilty forever ends the prosecution of that defendant for that offense.

Most commonly in Virginia, a dismissal before the trial is accomplished my a motion of nolle prosequi made by the prosecutor. However, because jeopardy has not attached, the charge could be brought back at a later time without violating the Double Jeopardy Clause. Sometimes, if the Court does not find good cause for a motion of nolle prosequi or if the prosecutor agrees, a criminal case can be dismissed with prejudice, meaning the case is closed and cannot be reprosecuted.

If your case is dismissed, talk with your lawyer to determine next steps. In some instances, you can move forward with getting the charges expunged from your criminal record. Your local Harrisonburg lawyers can help you with that. Your lawyer will inform you of the status of your case.