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The Supreme Court normally DIGs a case through a per curiam decision, [a] usually without giving reasons, [2] but rather issuing a one-line decision: "The writ of certiorari is dismissed as improvidently granted." However, justices sometimes file separate opinions, and the opinion of the Court may instead give reasons for the DIG.
To enter the deferred sentence program, a plea of guilt must be made. Even though successful completion of a deferred sentence results in a dismissal of charges and guilty plea withdrawal, most states still consider it to be a conviction since a plea of guilt was entered and the defendant was considered "convicted" for the duration of the program.
A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an ...
For example, dismissal with prejudice forbids a party to refile the case and might occur because the court finds the alleged facts can't state a valid claim, or due of misconduct on the part of the party that filed the claim or criminal complaint, or as the result of an out-of-court agreement or settlement.
In criminal procedure, an adjournment in contemplation of dismissal (ACD or ACOD) allows a court to defer the disposition of a defendant's case, with the potential that the defendant's charge will be dismissed if the defendant does not engage in additional criminal conduct or other acts prohibited by the court as a condition of the ACD.
Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure. Involuntary dismissal can also be made by order of the judge when no defendant has made a motion to dismiss.
Section 991(c) Expungement is available if a person has been given a deferred sentence and the conditions of the deferred sentence have been met. Immediate court records will be sealed under Section 991(c) but the Oklahoma State Bureau of Investigation will show that a person "plead not guilty, case dismissed." [52]
In England and Wales, if the matter is already before the courts, except in a case where the claim is to be dismissed outright and the Claimant agrees to pay the Defendant's costs, the matter is usually dealt with by a consent order, signed by the legal representatives of both parties and approved by the judge.