Even if your case was dismissed or you were found not guilty, your criminal history will show you were arrested and charged with a crime. Expurgating or expunging your record will erase this criminal history from your record.

In the context of a drunk driving arrest, there are really two sets of rights that should be read to a suspect by the police; the Miranda rights and the chemical test rights. The Miranda rights are the rights that most of us are familiar with, and address your right to speak with an attorney before questioning. A reading of the Miranda rights will include an affirmative statement by the police that what you say can be used against you in Court.

WCCA is a mirror of the historical record in the Clerk of Court's office. As a historical record, it shows what has happened in every case filed. If a case is dismissed, or a person is found "not guilty" in a criminal case, that is part of the historical record and is disclosed in the records. See Question #1 for case retention information.

I received today a notice of entry of order re: discharge of my bankruptcy (Ch13) for failure to make timely payments. I have missed two payments and I'm in my fourth year of paying. All payments to the secured creditor and IRS have been made but payments were still being paid to unsecured creditors.

A dismissal order ends the case. The dismissal order removes the automatic stay that may have been in effect, which prevented a creditor from collecting on a debt or taking other actions against the debtor and the debtor's property. Debts that are discharged prior to dismissal are not affected by the dismissal order, unless the discharge order was revoked.

A dismissal order ends the case. Upon dismissal the "automatic stay" ends and creditors may start to collect debts, unless a discharge is entered before the dismissal and is not revoked. An order of dismissal itself will not free the debtor from any debt.

No. The officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, they do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. Of more consequence in most cases is the failure to advise you of the state's "implied consent" law - that is, your legal obligation to take a chemical test and the results if you refuse. This can effect the suspension of your license.

If your case is not dismissed, you may be assessed court costs and/or a fine, payable to the clerk of the court in which you received your ticket. Our firm attempts to have every case dismissed, however, this is not always possible.

A dismissal order ends the case and removes it from bankruptcy jurisdiction. When the court dismisses a case, the ‘automatic stay’ is no longer in effect and creditors may start to collect on their debts again. Some types of dismissals – such as one for cause (failing to file required schedules and statements) may contain a 180-day bar to refiling.

No, the fees will not be refunded if the case is dismissed, nor will fees be refunded if you withdraw your application or do not meet all requirements for admission.

If the judge decides that probable cause has not been proven, the court will dismiss the case. This means that all legal action has come to an end, and the defendant is released.

A dismissal order ends the case. The automatic stay is terminated, and, if a discharge has not been entered, creditors may take action to collect on their debts. Dismissal of a case has important consequences for cases filed on and after October 17, 2005. Pursuant to 11 U.S.C. § 362, the automatic stay protection in a case filed within the year of the dismissal of a prior case is limited or may not exist if two or more cases have been dismissed. It depends.

Whether you are charged with DUI or speeding the State must prove the case against you beyond a reasonable doubt. In a speeding case there are many technical requirements the officer must comply with before you can be found guilty of speeding. He must have proof that the radar was calibrated within six months of the issue date of the ticket. The person doing the calibrating must be properly licensed to do calibrations.

Probably not. But if you were interrogated after being placed in custody, those statements cannot be used against you.