An Order is a written direction or command delivered by a court or judge. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Arizona Order Setting Aside Dismissal for Want of Prosecution
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US-02470BG
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How to fill out Order Setting Aside Dismissal For Want Of Prosecution?
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FAQ
(A.R.S. §13-907; Rule 29, Arizona Rules of Criminal Procedure) On fulfillment of the conditions of probation or sentence and discharge by the court, you may apply to the court where you were sentenced to have the judgment of guilt set aside. Your attorney or probation officer may apply on your behalf.
After you have received a class 6 felony, you will be required to complete your sentence, including any probation. Until you have successfully met the terms of your probation, the charge will be treated as a felony. After this time, you can request that the felony is reduced to, or ?designated,? as a misdemeanor.
When a plaintiff files a motion to dismiss, court personnel must verify the plaintiff's identity. (c) Personal Interview. The judicial officer must personally interview the plaintiff and make sufficient inquiry of the plaintiff to determine that the plaintiff is not making the request under duress or coercion.
Dismissed: means the court or prosecutor has decided the charge against you should not go forward, terminating the case. ... Vacated: means the court has withdrawn the guilty plea or set aside the guilty verdict, and for all purposes you may state you have never been convicted of that crime.
§ 13-907 prescribes the method by which certain criminal convictions may be ?set aside.? You should be aware that pursuant to A.R.S. § 13-907(D), the set aside does not apply to a person who was convicted of a criminal offense: 1. Involving a dangerous offense. 2.
If you have a criminal conviction on your record and are granted a motion to set aside, the court will set aside the judgement of guilt, dismiss the complaint, information or indictment and order that you be released from all penalties and disabilities resulting from the conviction.
Instead, Arizona allows a court to set aside a judgment, where a criminal conviction still exists on a person's record, but the penalties associated with the conviction have been released.
Under A.R.S. § 13-907, most people in Arizona who are convicted of crimes are allowed to file motions to ask the court to set their convictions aside. In order to file a motion for this to happen, a convicted person must first complete his or her probation or sentence.
