2006-12-31 06:31:05 · 5 answers · asked by spike 2 in Politics & Government ➔ Law Enforcement & Police
The prosecutor can drop the charge by saying he is declining to go forward at this time if he doesn't feel there is sufficent evidence for a conviction, just like any other charge that arrives on his desk generated by the police department. He can also appear in front of the judge at your hearing and after confering with your attorney agree the charges be dismissed. Judge doesn't have to, but if both attorneys are in agreement he or she will usually go along with it.
2006-12-31 06:34:35 · answer #1 · answered by Anonymous · 1⤊ 0⤋
It depends upon 1) what you mean by "withdrawn," and 2) what jurisdiction you are in. If a prosecutor has received a report from the police (or somebody else) that you were DWI, the prosecutor does not have to file in any jurisdiction that I know of, and should not if he does not believe that he can prove the charge beyond a reasonable doubt. If the police officer later changes his mind, he can ask the prosecutor not to file, of course, but that does not deprive the prosecutor of the ability to file the charge anyway.
Once the charge is filed, the situation may be different. In some jurisdictions the prosecutor can dismiss the charge, or decline to go forward. In others (California for example) the prosecutor can only ask the judge to dismiss the charge in the interest of justice. The judge does not have to do it (but usually does).
2006-12-31 08:00:59 · answer #2 · answered by Anonymous · 1⤊ 0⤋
In the St of MS the laws are set in stone by the state governing fines, confinement after the 1st DUI, etc. Justice Court Judges can not dismiss a DUI charge......a BIG no no. Now that is if it is proven in court of course, but with a given breath test or alcohol test results are presented its hard to dispute the charge.
All they can do is perhaps, reduce the jail time for the DUI one, but a DUI 3 is a felony and sent on to higher court and possibly prison time or suspended time with probation.
2007-01-01 11:48:07 · answer #3 · answered by Gypsygrl 5 · 0⤊ 0⤋
Any charge can be withdrawn by the crown attorney (prosecutor) before/during trial.
2006-12-31 10:27:09 · answer #4 · answered by joeanonymous 6 · 0⤊ 0⤋
It can be dismissed or dead docketed. Once a charge is there, it's there.
2006-12-31 06:34:17 · answer #5 · answered by gablueliner 3 · 0⤊ 0⤋