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In these instances, the motion to dismiss is characterized as a "motion to sever charges or defendants." Under Rule 907 , (Rules for Courts-Martial), [ 2 ] a motion to dismiss is a request to terminate further proceedings on one or more criminal charges and specifications on grounds capable of resolution without trial of the general issue of guilt.
N.Y. Crim. Proc. Law § 210.40 grants the defendant (or the prosecutor or the court) the power to apply for relief: . First, it directs the court to find, under the general concept of the "furtherance of justice" stated in its provisions, that the "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly ...
A plea bargaining, also called a plea agreement or negotiated plea, is an alternative and consensual way of criminal case settlement. A plea agreement means settlement of case without main hearing when the defendant agrees to plead guilty in exchange for a lesser charge or for a more lenient sentence or for dismissal of certain related charges.
New Mexico prosecutor Kari T. Morrissey has asked the judge to reconsider dismissing criminal charges against actor Alec Baldwin. ... Morrissey said the grounds for dismissing Baldwin's case in ...
U.S. District Judge Aileen Cannon on Thursday denied motions by two of former President Donald Trump's co-defendants to dismiss charges in the classified documents case.
Trump also filed two other motions to dismiss the case on Monday, one arguing the charges violate his rights to due process and the other contending it exposes him to double jeopardy.
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
U.S. District Judge Aileen Cannon issued a two-page order saying that though the Trump team had raised “various arguments warranting serious consideration,” a dismissal of charges was not merited.