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Is it possible in the US for a complainant plaintiff or State witness in a criminal case to withdraw the charges or case against the defendant?
The person who was the victim of or witness to a criminal act is technically the complainant for the State's case. The victim becomes the State's witness, not a plaintiff. As such, it is not the victim's case, but the prosecutor's case. The prosecutor does not--and should not--just drop charges because a victim asks for the charges to be dropped. In addition, because the victim and witnesses are the State's witnesses, the Court can compel you to appear and testify. A victim cannot withdraw the original complaint, nor impede a court case. The prosecutor's staff will help a nervous or fearful witness to testify. But only the prosecutor can decide whether to offer lesser charges in a "plea deal"; prosecutors do not need the victim's permission to allow the defendant to plea, but the victim might be consulted if the deal means significantly less prison time. So the answer to your question is No, a victim cannot withdraw charges especially once the prosecutor already has the case.
What else can I help you with?
Is it possible to sue yourself in a legal case?
No, it is not possible to sue yourself in a legal case as a person cannot be both the plaintiff and the defendant in the same lawsuit.
What is a motion for summary judgment used for?
A motion for summary judgment asks the judge to dismiss the claims before the court. A moving party asks the court to assume that all of the allegations made by the plaintiff are true and even if all true asks the court to rule that no valid claim has been made by the plaintiff. For example, suppose the plaintiff sues the defendant for wearing a red tie. The defendant would admit that he wore a red tie, and ask the court to make a ruling that there is no possible recovery for the plaintiff when he defendant wears a red tie.
Is it possible for a criminal case to be removed to federal court?
Yes, it is possible for a criminal case to be removed to federal court if certain conditions are met, such as if the case involves federal laws or if the defendant requests the removal.
How do you release a defendant in a civil suit?
"Release" them from what? POSSIBLE Answers: Civil defendants are not incarcerated so there is no 'release' from jail involved. The plaintiff may withdraw the lawsuit thereby 'releasing' the defendant from having to defend himself. The judge can 'release' (or dismiss) a defendant from a suit if they find insufficient cause that he was included in it.
What happens if you the defendant don't show up for a copyright infringement case in court?
In most cases, when a defendant does not appear, the judge will order summary judgment for the plaintiff. (In other words: if you don't show up, you automatically lose and the judgment will generally be the best possible for the other side and the worst possible for you.)
How can you sue yourself in a legal case?
It is not possible to sue yourself in a legal case because a person cannot be both the plaintiff (the one bringing the lawsuit) and the defendant (the one being sued) in the same case.
How to sue yourself in a legal case?
It is not possible to sue yourself in a legal case because a person cannot be both the plaintiff (the one bringing the lawsuit) and the defendant (the one being sued) in the same case.
What might be a defense for negligence?
Defendants often defend against negligence by asserting that the plaintiff failed to prove the existence of one or more of the required elements for negligence. Additionally, there are three basic defenses in negligence cases: (1) assumption of risk ( A plaintiff who voluntarily enters into a risk situation )(2) Superseding cause, and (3) contributory and comparative negligence.
What happens if the plaintiff doesn't show up to court?
If the plaintiff fails to appear in court, the case may be dismissed for lack of prosecution. The defendant may potentially ask for a default judgment in their favor due to the plaintiff's absence. It is important for all parties involved in a legal proceeding to attend scheduled court dates.
How do you obtain color of title?
Color refers to the appearance of a legal claim to a right, authority, or office. For example color of title, under color of state law.Color also refers to a common law pleading whereby an apparent, but legally insufficient, right or ground of action, is admitted in a defendant's pleading to exist for the plaintiff. A plaintiff's apparent right or title to property the existence of which is pleaded by the defendant and then attacked as defective, as part of a confession and avoidance to remove the case from the jury by turning the issue from one of fact to one of law. There are two types of pleadings; express color and implied color. Express color refers to a defendant's admission that the plaintiff has an apparent right to something coupled with an assertion that the plaintiff's right is legally inferior to the defendant's right to the same thing. This pleading was typically used in cases of trespass to land by making fictitious allegations that put the plaintiff's ownership of the land in question. Implied color refers to a defendant's tacit admission of a plaintiff's prima facie case by failing to deny it.
Is it possible for a lower criminal court to sentence a defendant to 5 years in prison?
Yes. Most felony cases are heard and resolved in the lower court of original jurisdiction.
What does a public defender actually do?
The same as those of a private criminal defense attorney. To advise the defendant and mount the best defense possible against the criminal charges placed against their 'client.' Public defenders are not supplied to defend in civil cases.
