The Best and Worst Case Scenario of Case Scratching

Interviewer: Just to recap, what would be the worst case scenario once a case has been scratched and the best case scenario?

The Most Advantageous Scenario Is the Case Is Never Filed

AZ Criminal Law Team Lawyer: The best case scenario is that the case will never be filed again. Every case is different, and the decision is primarily based on the nature and severity of the charges and the strength of the prosecution’s evidence.

The Serious Scenario Is the Case Is Filed and Criminal Charges Are Leveled against You

The best case scenario is that they’ll find that they don’t have enough evidence to proceed and the case will never come up again. The worst case scenario is that they decide to charge formally, which can take two to twelve months or longer to re-file the criminal charges and then you’ll be going through the process.

With Felony Cases, You May Have to wait the Full Seven-Year Statute of Limitation to Discover the Case Will Be Dismissed; in Misdemeanor Cases, the State Has a One-Year Statute of Limitations

Interviewer: Would they have to wait the entire seven years for the best case scenario, or could there be a point at a certain time, where the defendant finds out the prosecutor is going to dismiss it?

AZ Criminal Law Team Lawyer: They have seven years in which to do it if it’s a felony. They have one year if it’s a misdemeanor, but seven years if it’s a felony. You won’t know if they decide to not go forward, so it’s a little difficult.

Then it’s at the discretion of the prosecutor whether formal charges are processed. They’ll either re-file with the process of a direct complaint, or for more serious criminal charges, they’ll present the case to a grand jury for consideration of an indictment.

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