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Possible Scenarios that Los Angeles Car Accident Lawyer Can Immediately Move for Dismissal
No CommentsIf you receive a letter complaint charging your with reimbursements and payments of other damages incurred by the plaintiff due to the alleged car accident that you were involved, the first thing that you should do is not to panic. Instead, call your Los Angeles car accident lawyer and seek for proper advice. Naturally, the regular course would be that the lawyers should determine if there is a case then they proceed to negotiations. If the discussions for amicable settlements fail and the case reaches the court, the Los Angeles injury attorneys can still file a motion to quash or move for the immediate dismissal of the case on the ground that the prosecution failed to provide probable cause for the guilt of the accused.
This instance only happens when the complainant fails to prove that there is a reasonable belief that indeed the accused may have been the culprit of the offense charged. This determination must be given heavy bearing by the Los Angeles injury attorneys for the prosecution in order to avoid the immediate dismissal of the case. The prosecution lawyer should be honest in telling the client whether or not they have the case instead of wasting time and resources going through the tedious process of filing the complaint, sending summons, going through the rigorous negotiation proceedings for amicable settlement and yet when the case reaches the court, the judge will have no other choice but to grant the motion of the defense to dismiss immediately the case in the absence of probable cause.
There are various ways of proving probable cause, as there are different ways of dismissing the same. Failure to show such requirement during the beginning or early stage of the trial merits the automatic dismissal of the complaint with first jeopardy already attached, hence you cannot anymore refile the case after the lapse of a certain period for filing a motion for reconsideration or certiorari.
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Published on · Filed under: Legal; Tagged as: attorneys, lawyers, legal, Los Angeles car accident lawyer, Los Angeles injury attorneys


