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Before a trial, the prosecution may decide to abandon the case if they do not have sufficient evidence. Alternately, the court can decide to dismiss the case.

Can a trial be thrown out?

Yes. Additionally, a defence attorney's first responsibility in a case is typically to see whether there are any grounds for case dismissal prior to a plea or trial. Lack of probable cause to arrest is one reason for dismissal.

If a defendant is not competent to stand trial, what happens?

A jury is chosen to decide whether the defendant "committed the act or made the omission charged against him" if he is deemed unable to face trial.

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