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Rhode Island Termination of Prosecution

Rhode Island Termination of Prosecution

Name: Rhode Island Termination of Prosecution
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.68 (267 reviews)

Category:

Rhode Island Statewide - Traffic Tribunal

State:

Rhode Island

Control #:

RI-SKU-0554

Format:

Instant download

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Description

Termination of Prosecution Rhode Island Termination of Prosecution (RI TOP) is a legal procedure that allows a criminal defendant to have their criminal charges dismissed before trial. It is most commonly used in cases involving minor crimes, such as misdemeanors, and is available to those charged with a first-time offense or who have a positive record of community service. If the prosecution and defense agree, and the court finds that the defendant has met all requirements under the RI TOP program, the charges against the defendant are dismissed, and they are free of criminal liability. There are two types of Rhode Island Termination of Prosecution: Pre-Trial Diversion and Post-Trial Diversion. Pre-Trial Diversion allows defendants to enter a program of rehabilitation and have their charges dismissed before trial. Post-Trial Diversion allows defendants to have their charges dismissed after trial, provided they have completed the terms of their probation and/or community service.

Rhode Island Termination of Prosecution (RI TOP) is a legal procedure that allows a criminal defendant to have their criminal charges dismissed before trial. It is most commonly used in cases involving minor crimes, such as misdemeanors, and is available to those charged with a first-time offense or who have a positive record of community service. If the prosecution and defense agree, and the court finds that the defendant has met all requirements under the RI TOP program, the charges against the defendant are dismissed, and they are free of criminal liability. There are two types of Rhode Island Termination of Prosecution: Pre-Trial Diversion and Post-Trial Diversion. Pre-Trial Diversion allows defendants to enter a program of rehabilitation and have their charges dismissed before trial. Post-Trial Diversion allows defendants to have their charges dismissed after trial, provided they have completed the terms of their probation and/or community service.

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FAQ

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.

In a Nutshell: A ?dismissal in the interests of justice,? under Penal Code § 1385, is needed to thereafter seek sealing and destruction of a police report and court filed under Penal Code §§ 851.87 ? 851.92, which then deletes the arrest and case filing from one's DOJ record visible on a Livescan report.

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 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.

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Dismissed: means the court or prosecutor has decided the charge against you should not go forward, terminating the case. In Florida, the prosecutor entering a "nolle prosequi" terminates a prosecution after felony or misdemeanor charges are filed.A case can be dismissed at any time during the process, including before trial, during trial, or even after trial (if a convicted defendant wins on appeal.) 4 Trial Court Rulings Terminating Trial Before Verdict and Re-Prosecution. What happens if I complete all the terms of the deferred prosecution program? For effective front‐end criminal justice practices. Termination occurs so long as the prosecution ends without a conviction. In the latter rare case, full disclosure should be made to the defense and to the court. Upon successful completion, the state's attorney agrees to dismiss pending charges against the defendant. Termination. A deferred prosecution contract may be terminated if the defendant fails to comply with contract requirements.

Rhode Island Termination of Prosecution

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