There is no legal action of the sort referred to. The victim of a crime may choose not to give voluntary testimony as evidence at a trial, but they do not have the power to request that charges be dismissed. In most cases a victim can be forced to give testimony and if necessary the PA can request to have such testimony entered into the court record as being given by a "hostile or unco-operative witness".
In order to dismiss a restraining order, you will need to petition a "Dismiss Protection Order" with the court system.
More info required from questioner - what do you mean by "dismiss" a criminal record.
means you got away with it!
when defendant does not file an answer
If you filed the complaint or petition, you may dismiss it. If the other party filed the complaint, or if they filed a counterclaim, they would need to dismiss it.
No. A restraining order is a civil proceeding between two individuals. A violation charge refers to a criminal prosecution. They may arise from the same course of events, but are not connected in the court system.
"Want of prosecution" (or lack of prosecution) means that a particular lawsuit is not being actively pursued, i.e. prosecuted by one or another parties. All states have court rules that set time frames within which certain things, like take depositions, issue interrogatories, etc. have to be done. In the even a party to a lawsuit does not do what is supposed to be done within those time limits, the court has the discretion in an appropriate instance to dismiss the case for want or lack of prosecution. Curiously, this phrase is used most often in civil cases rather than criminal cases, even though the word prosecution is associated with criminal cases rather than civil cases.
The tests that may be used by the Bankruptcy Court in dismissing a petition for abuse include a median income test and a means test.
Petition for Factual Innocence. Typically (with like in - dealing with motioning to dismiss or so on.)
The judge will probably dismiss the matter for want of prosecution. If the judge is sufficiently irritated, s/he will dismiss "with prejudice," which means, don't bother to refile.
FWOP = For Want (i.e.: lack) of Prosecution. The way the question is worded it sounds as if the defense is filing a motion to dismiss the case - "for want of prosecution." If the judge agrees, it depends entirely on whether they dismiss the case WITH prejudice or WITHOUT prejudice. If it is WITHOUT prejudice the case COULD be opened again by the prosecution. If it is WITH prejudice the case is over and finished and can never be brought again (for THIS particular offense).
The court may dismiss the case for want of prosecution.
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.
I would file a motion to dismiss the case. If the prosecution has deprived the accused of his right to a speedy trial, the charges must be dismissed. Four continuances by the prosecution seems like too many to ensure the accused a speedy trial. I suggest you talk with a criminal defense attorney ASAP (if you are not already represented) , as you will need a good lawyer on your side to get the charges dropped or a speedy trial.
Yes, if you have an attorney just have him/her petition to voluntarily dismiss, if you're doing it yourself, just do the same.
No, generally both parties will need to request the dissolution of marriage petition be withdrawn or dismissed, and then need to file a petition of separation. Not every state will grant a legal separation decree, nor dismiss a divorce petition depending upon the circumstances.
"Dismissal without prejudice" is usually a judgment heard in criminal court, and means that a case is dismissed but CAN be reinstituted at a later time. If by "petition" you are referring to a "motion" before the court, it depends on whose motion it is. If it is your motion, simply ask to withdraw it. If it is the other party's motion, you can offer your testimony as to why it shouldn't be granted, but that is all you can do and the judge will decide how to rule.
Yes. The prosecuting attorney (usually the DA's office) can decide to drop a criminal prosecution for a number of reasons. However, they generally don't dismiss it simply because you have a clean record, especially felony offenses. There usually must be a much better reason.
To file a wrongful dismissal suit in Alberta, file a petition with the court. Only a judge can dismiss the suit.
It's not exactly clear what Executive Directors you may be referring to, or what agencies. The President DOES have the power to appoint and dismiss the Attorney General of the US though.
If a person receives 2 court papers for dismissal for lack of prosectution in regards for child support. Is there a time period that person has to reopen the case
Theoretically, any number, but trial judges often dismiss indictments after two or three mistrials.
No, not until the judge renders a decision on the pending motions already before him/her. Of course you could withdraw your motion to dismiss and answer the other sides action. . . that's entirely up to you.
The Court allowed him to file it in forma pauperis, which meant that the Court would waive the fees generally associated with such a petition. Generally, the Court dismisses most of these petitions; Gideon's was among those that it did not dismiss.
You don't. Only the state, through the prosecuting attorney, can decide whether to dismiss or prosecute criminal charges.