Attorney Argues Against Dismissal For Client

Defense attorney argues against dismissal of charges against his own client. The prosecution prevailed though in getting the charges dismissed without prejudice, which means the charges could be filed again at a later date. The prosecution said the reason for the dismissal without prejudice was because the time it would take to study new evidence could jeopardize the defendant’s right to a trial within the specified timeframe of 180 days.

The Cassgram reports 26-year-old Derek Santistevan of Plattsmouth was charged with child enticement, a Class IIIA Felony and two misdemeanors of procuring (cigarettes). He was arrested after a Plattsmouth Police investigation.

Chief Deputy Cass County Attorney Colin Palm said that during pre-trial depositions, testimony was given that “could impact the state’s case” and time was needed “to sort out the new information.” While that was happening, the “speedy trial clock” would be ticking and could be a factor.

In making the objection to the motion to dismiss during the hearing in Cass County District Court, defense attorney Brendan Kelly argued the state could always bring new charges, but his client, who was free on $20,000 bond, was prepared to go to trial on these charges.

District Court Judge Randall Rehmeier said the defense’s objection was “not up to the discretion of the court. …The state can, if it chooses, dismiss” charges. Previous case law is clear that since a trial had not started, there is no prejudice and the charge could be re-filed, said Rehmeier.

Santistevan faces a similar, but misdemeanor charge in Seward County, Nebraska. His next court appearance there is May 2nd.

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