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If someone is admitted into the Conditional Dismissal program, an agreement is made between the defendant and the prosecutor. That agreement lays out the terms and duration of a probationary period that the defendant must complete. Such terms could include taking a class, or attending therapy sessions.
A motion is made in the Court of Appeals by filing: (1) a motion stating briefly but distinctly the facts and the grounds on which it is based and the relief requested; (2) the entry fee; (3) for a motion to dismiss, to affirm, or for peremptory reversal, a supporting brief.
A dismissal of a criminal charge without prejudice means that the government can re-file the criminal charge.
A motion must be made in writing, (unless made during a hearing or at trial), and must set forth with particularity the grounds on which it is brought, and the relief or order sought. FRCP 7(b)(1).
Conditional Dismissals A conditional dismissal asks the judge to dismiss the case but allows the judge to reopen the case and enter a judgment if the one party doesn't follow the agreement. For example, the tenant must pay $5,000 within 14 days, or the landlord must make specified repairs within 20 days.
Whereas a case that is dismissed ?with prejudice? is dismissed permanently, a case that is dismissed ?without prejudice? is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.