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I was conned into agreeing to a no contest misdemeanor. Told no chance of winning because in a he said - he said case the Judge sides with Prosecution 90 percent of time. Can case be dismissed?
CB31999
"Conned" by WHO? Your attorney or the prosecutor? If you pled guilty to the offense and have already been adjudged, it is probably too late to do anything now. You can try asking your attorney to file a motion to withdraw your plea, but it will probably be rejected. Your only avenue would be to appeal your case to the Court of Appeals possibly using the reason as being represented by incompetent counsel.
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Why can't a traffic court judge offer to the defendant case dismissed vs nolle prosequi?
Because the prosecution is the only one who can enter a nolle pros. The Judge can only dismiss if there is a legal defect with the case or if the prosecution agrees.
Can a dismissed matter be reinstated?
(in India) Matters are generally dismissed on two grounds. Dismissal of matter after considering the merits of the matter. Another type of dismissal is dismissal for want of prosecution of matter on the part of the Plaintiff. If, the matter is dismissed on merits, the course left open is to prefer an appeal, if provided under the scheme of the procedural statute. If, the matter is dismissed for want of prosecution and not on merits, such matter can be restored to file under the provisions of procedural law. For further research and study, please refer to the Indian Code of Civil Procedure, 1809The proper use of word should "restoration" and not "reinstated" as used in the question.ANOTHER VIEW: (in the US) Criminal charges can be dismissed by a judge in one of two ways.Dismissal WITH Prejudice and Dismissal WITHOUT Prejudice.If a case is dismissed WITH prejudice it means that the defendant cannot ever be re-charged with that same offense again.Dismissal WITHOUT prejudice means that the defendant MAY (at the option of the prosecution) be re-charged again for the same offense.In the first example, the defendant is "home free."But in the second example it cannot be certain that they won't be re-charged, because that option IS available to the prosecutor.
What does notice to dismiss for lack of prosecution means?
It means that the ocurt has put the prosecution (or the plaintiff) on notice that they are failing to present a sufficient legal case against the other side in order to support their argument
Is aggravated stalking a felony in Michigan?
No."Aggravated Assault MCL 750.81aAggravated assault is a misdemeanor in Michigan. It is defined by Michigan statute as an assault, without a weapon, that results in a serious or aggravated injury.This misdemeanor is punishable by up to one year in prison and up to $1,000 in fines.**If you have prior assault convictions, the prosecution can request an "enhanced sentence". This means the prosecution wants the judge to consider your prior convictions and give you a harsher sentence because of them.In Michigan your intentions when assaulting someone seriously affects your potential sentence."
What does lack of prosecution mean in shared child custody case?
It means that the claim was dismissed because the person who filed the claim did not pursue it.
What does it mean when a case is dismissed plantuf did not show?
It means that the case is dismissed because the plaintiff did not show up in court.
If no rights were given to a suspect on a tape recording is it legal?
Generally, no. Infamous astronaut Lisa Nowak's confession was dismissed because her agreeing that she understood her rights was not audible on the tape recording. I suggest talking to a criminal defense attorney in your area for more insight on your state's specific laws and protections.
What does it mean when a criminal case has been dismissed?
It means that the judge dismissed your charges. The prosecution will dismiss the charges when they cannot proceed in good faith or they cannot prove the case beyond a reasonable doubt at trial. Usually because there was a problem with a piece of evidence or the availability of a witness. Sometimes cases are dismissed during plea negotiations when a person will plead to one case in exchange for the dismissal of another. Sometimes the evidence unfolds and there is doubt that the person charged is really the one that committed the crime. Be carefeul, just because the judge dismissed your case doesn't mean they can't re-file charges against you, but that rarely happens.Added; Judges DISMISS charges - Prosecutors NOLLE PROSEQUI charges.
Can a domestic violence charge be dismissed because it was caused by a spouse who was caught in a adultery situation?
No it cannot be dismissed. That is not an excuse to be involved in violence.
Is skateboarding on the sidewalks a misdemeanor?
i do not think it is a misdemeanor because i sakte on sidewalks all the time in front of police but i dont get in trouble,
Can you sue if the case is dismissed with prejudice?
Plaintiffs do not charge. They file lawsuits. The plaintiff can always file, but if the case is dismissed with prejudice, a new filing cannot be litigated. If a case is dismissed with prejudice, it means res judicata applies, and a new filing would be dismissed because the issues have already been litigated. If the case is dismissed without prejudice, it means that it has been voluntarily dismissed or dismissed for some reason to allow the case to be refiled and re-litigated later.
Can you get a car loan if your bankruptcy was dismissed?
yes you can because i said so
