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If a district attorney signs a form under penalty of perjury and the information is incorrect can the case be dropped?
Wiki User
∙ 16y ago
Absolutely, and a possible civil suit for any damages to be compensated for.
Wiki User
∙ 16y ago
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Who decides if charges will be filed or dropped?
The Prosecuting Attorney. They may be known as the District Attorney or Commonwealth's Attorney.
What are the acceptable ways to try to persuade a DA or judge charges should be dropped before a trial?
Persuade the district or the judge that charges should be dropped.
Who decides if the case is dropped or not after a mistrial?
The decision to drop a case after a mistrial is typically made by the prosecuting attorney or the prosecution team. They may consider factors such as the strength of the evidence, the potential for a successful retrial, and the interests of justice. However, the final decision may also involve discussions with the presiding judge and consultation with the defendant's attorney.
If an attorney refuses your case are the charges dropped?
Not unless the attorney in the case is the prosecuting attorney (The State). Even then, a complainant may take the case to either another venue with jurisdiction, or to an higher prosecutor. However, charges are never dropped if a defense attorney refuses to take the case.
Why is it that I shoplifted and was charged with 2nd degree robbery the plea bargain they gave me initially dropped the robbery in exchange for assault is this wrong?
Robbery generally means that you confronted someone, or stole from their presence. The prosecutor, apparently, has knowledge that you did a bit more than shoplifting. Based on the information, it sounds like they believe that you took an item from someone, on their person. If you believe there's a mistake, consult your defense attorney. We cannot determine whether this is correct or incorrect based on the lack of information.
What is the success rate of a typical DUI attorney?
The success rate of a typical DUI attorney will depend on the jurisdiction where the person is accused. Some areas are more tolerant of this. Some courts are very strict with DUI charges. Information on attorney web sites statistics as low as 5% for guilty as charged with reduced or dropped charges for the other 95%.
How do you get a fourth degree theft dropped to a fifth degree?
Consult with your attorney, or try to get a plea bargain.
Should the atomic bomb been dropped agree information?
No. Japanese military was already in its knees when the bombs were dropped.
Can a judge and a district attorney try to coerce a defendant in taking a plea bargain by threats of maximum sentencing?
The district attorney can certainly make an offer and say take the plea bargain or we will ask for the maximum sentence. He must feel the state has decent case, or that your attorney isn't going to be effective in your defense. Correction: While the district attorney may think that the defense attorney will not do a good job, it would be improper for him to base a sentencing recomendaton on that conclusion. A judge should be very careful about telling a defendant that the defendant will get the maximum if he is found guilty in front of this judge. If a judge wants to get the message across, he usually says things like: "Ask you attorney about the kind of sentences that might happen after trial." Or, "If you are found guilty, when I sentence you I will consider everything I know about you." A judge can say this: "If you do not take this plea, all plea bargaining is over. This case will be set down for trial and it will go to trial. You can then take your chances." Additional: When you accept a plea agreement, the judge is going to ask you if you were coerced into accepting the agreement. If you say that you were coerced, then the plea is dropped.
Can nys children attending school outside district but utilizing school bus transportaiton be dropped off at location outside of bus district but within locationof atteniding school?
No, it would be impossile!
What does an expungement attorney do?
Expungement attorneys take care of expunging your personal criminal records. They research whether you are eligible and if they think that you have a case. They can then offer advice and proceed with your case.
How long can you be out on bail in Atlanta before they have to drop the charges?
There is no requirement that charges be dropped because you have been out on bail for any period of time in Georgia.Added: Your eventual trial is covered under the "speedy trial" rule and the fact that you are still out on bond means only that your attorney and/or the prosecutor are asking (and granting) waivers of the 'speedy trial rule.' Contact your attorney/public defender for further information.
