Arizona Criminal Law Team
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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.

evaluate my case

A Cup Of Coffee With 10 Of
The Top DUI Attorneys In The
United States

Guest Author: Attorney Brian Sloan

A Cup Of Coffee With 10 Of The
Top criminal defense
Attorneys In The United States

Guest Author: Attorney Carmen Gosselin

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Arizona Criminal Law Team

Call us:
480-I-have-help
(480-442-8343)

2 N. Central Ave. Floor 18, Suite 1928 Phoenix, AZ 85004

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Disclaimer: The Attorneys on The Criminal Law Team are individual attorneys that have come together for group advertising. Hiring one of the Attorneys through the Arizona Criminal Law Team results in that one Attorney representing their client under their own law firm. A client would not get multiple Criminal Law Team lawyers representing them.

Any information provided on these pages does not establish an Attorney / Client Relationship. All information on this website should be considered an OPINION based on experience, and may not be the most updated information based on constant changes in the field of law.

  • Home
  • Areas of Practice
    • DUI Defense
      • DUI
      • Aggravated DUI In Arizona
      • Extreme DUI
      • Super Extreme DUI
    • Criminal Defense
      • Drug Offenses
      • Minor In Consumption
      • Assault
      • Theft
      • TRESPASSING CHARGES
      • Criminal Damage
      • Fraud
      • Vehicular Offenses
  • Areas We Serve
    • Tempe
    • Scottsdale
    • Mesa
    • Glendale
    • Gilbert
    • Chandler
  • Team Accomplishments
  • Awards & Recognitions
  • About Us
  • FAQs
    • Criminal Defense FAQ’s
    • DUI Defense FAQ’s
    • Drug Related DUI FAQ’s (Videos)
    • Criminal Defense FAQ’s (Videos)
  • Blog