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Rhode Island Dismissal Under Criminal Rule 48(a)

48a Dismissal Filed

Name: Rhode Island Dismissal Under Criminal Rule 48(a)
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.71 (331 reviews)

Category:

Rhode Island Statewide - Superior Court - Criminal

State:

Rhode Island

Control #:

RI-SKU-0488

Format:

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Description

Dismissal Under Criminal Rule 48(a) Rhode Island Dismissal Under Criminal Rule 48(a) is a legal process that allows a criminal defendant to have their case dismissed without a conviction. This can be done when the defendant has completed the required rehabilitation program, complied with the court's orders, and has not been charged with a new offense for at least two years. There are two types of Rhode Island Dismissal Under Criminal Rule 48(a): With Prejudice and Without Prejudice. With Prejudice dismissal will bar the defendant from being charged with the same offense again. Without Prejudice dismissal, however, allows the state to bring the same charges against the defendant again, if the state so chooses.

Rhode Island Dismissal Under Criminal Rule 48(a) is a legal process that allows a criminal defendant to have their case dismissed without a conviction. This can be done when the defendant has completed the required rehabilitation program, complied with the court's orders, and has not been charged with a new offense for at least two years. There are two types of Rhode Island Dismissal Under Criminal Rule 48(a): With Prejudice and Without Prejudice. With Prejudice dismissal will bar the defendant from being charged with the same offense again. Without Prejudice dismissal, however, allows the state to bring the same charges against the defendant again, if the state so chooses.

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The court may dismiss a case in response to a defendant's motion to dismiss or do so sua sponte (voluntarily). ing to the Federal Rules of Civil Procedure (FRCP) 41(a), a plaintiff may also voluntarily dismiss an action by choosing to drop the case or by reaching an out of court settlement with the defendant.

Rhode Island courts have traditionally held that ?a motion to dismiss a complaint for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) should be granted only when it is clear beyond a reasonable doubt that the plaintiff would not be entitled to relief under any set of facts that could

The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.

(1) On Court's Own Motion. The court may, in its discretion, dismiss any action for lack of prosecution where the action has been pending for more than five (5) years, or, at any time, for failure of the plaintiff to comply with these rules or to proceed when the action is reached for trial.

(f) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed in contempt of the court in which the action is pending.

Rule 48 - Dismissal (a)By Attorney for State. The attorney for the State may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.

Rule 23 - Trial by Jury or by the Court. (a)Trial by Jury. Cases required to be tried by jury shall be so tried unless the defendant in open court waives a jury trial in writing with the approval of the court.

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(a) By the Government. The government may, with leave of court, dismiss an indictment, information, or complaint.The attorney for the State may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. DISMISSAL UNDER CRIMINAL RULE 48(a). COURT. COUNTY. A: It means that the charge lodged against the defendant has been dismissed. (b) Order of Dismissal. When a court dismisses a criminal action, the order of dismissal must state the court's reasons for dismissal. Idaho Criminal Rule 48. (a) BY THE GOVERNMENT. Criminal Rule 48 Dismissal.

48a Dismissal Filed

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