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Can a prosecutor refuse prosecution when a prosecutor has knowledge of a violation of law?
Wiki User
∙ 12y ago
Yes, that is known as "Prosecutorial Discretion." Such decisons, if unpopular, can be a problem at election time, but it is legal.
Additionally, I can't remember the case law names though, but the victim, has NO say constitutionally/legally on if a prosecutor refuses to charge or not.
Added: Such a decision/determination is known in law as a Nolle Prosequi.
I am not 100% certain about this, but I do not believe that a prosecutor has this option in a case where an indictment has been returned by a Grand Jury.
Wiki User
∙ 12y ago
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As part of my plea I agreed to testify against defendant. I was never asked the role defendant played in crime. I am done with my sentence. Can the prosecutor revoke my plea if I refuse to testify?
Yes, the prosecutor can revoke your plea if you refuse. Also if you go on trail and lie to the court you will face more charges. It is best that you just do what you agreed to.
How is prosecutorial discretion used?
It means that the prosecutor has the power to choose which crimes he wants to prosecute. This allows the prosecutor to devote more resources to serious crimes or criminals, but it also opens up the possibility of abuse; he can prosecute his political enemies, but refuse to prosecute his friends, for example.
Will Arizona extradite for a felony 4 Aggravated DUI?
States do not have the prerogative to refuse to send a criminal to another state where he is desired for prosecution. However, if no such request has been made, they are also not required to do so upon their own initiative.
Can I exempt my ownership of a partnership if you declare Chapter 7 Bankruptcy?
Not legally. It's a resource that can be used to pay your creditors. If you hide or refuse to acknowledge it, you're cheating the creditors and in violation of bankruptcy law.
What prohibited trade trade with another country?
The Embargo Act!
When can a federal judge refuse a plea bargain?
A federal judge can refuse a plea bargain if it does not meet legal requirements, if it is not in the best interest of justice or if the terms of the agreement are not fair or just. Judges have discretion to accept or reject plea bargains based on these factors.
Why would a prosecutor refuse to prosecute?
Answer Prosecutors don't usually prosecute a case unless they have enough evidence to convict the person on trial. That would probably be the only way that they wouldn't go to trial as it's very costly to the State for someone to go free when the Prosecution thought they had a good case. Two cases in such were the Micheal Jackson case and the famous Simpson case in which cases both defendants were cleared off all charges. Those two trials probably cost more money than it takes to put a rocket in space.
What is homograph for refuse?
Refuse
What is a sentence with the word refuse?
I have the right to refuse to serve you.I refuse to follow your advise.The refuse was thrown into the landfill.
Is the word refuse a noun or a verb?
Refuse can be a noun OR a verb. Refuse is a verb when you use it as an action. This kind of refuse is defined as "to indicate or show that one is not willing to do something." Example: I refuse to go to that movie. Refuse is a noun when you refer to a pile of trash (synonym for refuse).
Where can you fly to with a criminal record?
(in the US) As long as you are not in violation of some kind of court order, probation order or parole order, you can fly anywhere that you wish. The trick may be flying into a foregin counrty which may refuse you entrance if your record is not to their liking.
If your car is repossessed in Montana and you pay the finance company the total amount you owe in full plus whatever fees are they required to return the car?
If they take the money then yes however they have the right to refuse the payment since you are in violation of the loan agreement.
