Letter To Judge To Dismiss Case Withdraw
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FAQ
A notice of discontinuance is used when a plaintiff or applicant (someone who has commenced proceedings), or an appellant (someone who is appealing a case) decides to 'drop the case'. This means that they won't continue pursuing the case. The Court then stays the proceedings.
However, in legal terms, withdrawn and dismissed charges have two distinct meanings. For charges that are withdrawn, the criminal process simply stops and no further proceedings are taken against you. If charges are dismissed, it means you have been found not guilty.
A charge that is dismissed for want of prosecution may be recommenced with the laying of a new information or direct indictment only with written consent of the Attorney General or Deputy Attorney General: Recommencement where dismissal for want of prosecution.
Obtain exculpatory evidence Exculpatory evidence is evidence that suggests you are not guilty of the offence you are charged with. It is often crucial in having criminal charges withdrawn. Police may have overlooked this evidence or not have it in their possession.
A notice of discontinuance can signal relief and an end to the stresses of litigation. However, it's important to remember that the party who brings it is able to start proceedings again for the reason that bowing out of a case can't bar someone from exercising their legal rights.