When a criminal charge is dismissed it can be for many reasons. One reason is that there was no probable cause for the charges. It looks like this is why the charges were dropped from what I can tell today.
So, cases are dismissed. What happens when a case is dismissed. Well, that depends on the state (if state charges--I'll stick to state ideas here). And for his state (and many others)...
When your case is dismissed (through straight dismissal or after a period of time of a nolle) then:
1) its like the arrest never happened
2) the person charged can say and testify that he was not arrested
3) the person does not have to list any arrest on any form (like a carry permit application, employer questionnaire, etc.)
A criminal trial has the plaintiff being the State (not a victim, not you or me). It would be too easy for the government to continue to arrest you and begin a criminal case and then turn around and use that record against you later. So that is why the removal / scrubbing / erasure of the arrest(s) is appropriate.
I don't want my friends and relatives being subjected to bogus arrests and then have that fact that these bogus arrests occurred impacting their lives there-after and forever. Would you?
So maybe Smollett dodged a bullet on this one....but the dismissing of the case should be treated like any other. This does not mean that we have to erase the fact that he was arrested...the law does not require us to erase our mind. We are free to discuss.
It seemed like a good opportunity to discuss dismissals. Oh, the rules for an acquittal are the same in most states.
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[–] COF ago (edited ago)
Sounds to me like the CPD felt public pressure, and a little pissed they had been duped, and filed before due process. The media is complicit in this. Of course there probably is political pressure also behind the scenes. Wonder if fed charges will still be filed, somebody mailed that letter.
[–] thelma [S] 0 points 1 point 1 point (+1|-0) ago
The fed stuff might be more of an issue for him.
We'll just have to grab our popcorn and enjoy the show.