Is my charges grounds for dismissal if the court messed up filing my paper work by the agreed upon time?

UPDATED: Oct 1, 2022

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Is my charges grounds for dismissal if the court messed up filing my paper work by the agreed upon time?

I went in for sentecing on a Wednesday so i could do
my 48 hours as we agreed upon. When i showed up on
Friday at noon for my weekend they had no file on
me. I sat there for over an hour as they made sone
phone calls to located my paper work. They eventually
released me to go home since they could jot hold me
without any paperwork. Before i left they told as of
noon i was serving my 48. Can i get the charges
dismissed since they never filed my paper work by
our agreed upon time?

Asked on November 27, 2017 under Criminal Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is within the court's discretion whether to dismiss for this reason or not: dismissal is not mandatory. In my experience, it is unlikely, but not impossible, that they will dismiss on this basis, since courts tend to not dismiss for paperwork errors, especially ones which cause little or not harm or which are fairly quickly correct). That said, there is no harm in making a motion for dismissal (that is how you ask the court to do something: by making a motion), since the worse case is that it will be denied and the charges will remain: you will not suffer any additional sanction or penalty for having made this motion.

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