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For cases that were dismissed or acquitted, an application for expungement can be made 60 days after the dismissal; for felony cases originally filed in District Court but which have not resulted in an indictment by the grand jury, an application for expungement can be made 6 months following the date of the District Court decision to hold the ...
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 ...
In general, an action taken with prejudice is final. For example, dismissal with prejudice forbids a party to refile the case and might occur because 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. Dismissal without prejudice (Latin: salvis iuribus, lit.
That is, if a case originates in a federal court, there is no ability for a defendant to remove a case from federal court into state court. If the federal court lacks jurisdiction, the case is dismissed. Only cases that originate in a state court and are improperly removed to a federal court may be sent back to the state court where they started.
Dec. 20—Honolulu District Judge Timothy Ho dismissed the case against former Rainbow Warriors head coach June Jones for allegedly driving under the influence of alcohol. The University of Hawaii ...
DWI courts tend to focus on the most serious cases and repeat offenders, and thus apply strict standards to the cases and defendants that come before them. [1] Drunk and impaired driving offenses involves a substantial risk of harm and death to the driver and to others, as a foreseeable consequence of such conduct. [2]
Each case was dismissed without prejudice and the Attorney General's Office could refile charges at a later time, according to Sullivan and the court. Sullivan said it's "very rare" when a case ...
The dismissal of the cases marks an end to a lengthy legal saga. Smith had to refile the election-subversion charges against the former president based on the Supreme Court ruling that Trump was ...