What does awaiting disposition mean in a criminal case?
Typically, awaiting disposition simply means the case is still pending and a final disposition or result has not been reached.
Does Case Closed mean not guilty?
Essentially, a verdict of not guilty is an acquittal. If a jury or judge finds you not guilty of a criminal charge, you are acquitted and your case is closed. It only means that the prosecution failed to prove beyond a reasonable doubt that you were guilty.
How long do the cops have to charge you?
For less serious ‘summary offences’, which can only be dealt with in the Local Court, police must generally bring charges within 6 months of the alleged offence.
Do dismissed cases stay on record?
A dismissed case means that a lawsuit is closed with no finding of guilt and no conviction for the defendant in a criminal case by a court of law. A dismissed case will still remain on the defendant’s criminal record.
Can charges be brought back up after being dismissed?
Prosecutor’s Discretion Prosecutors can dismiss charges “without prejudice,” which allows the prosecutor to re-file the case at a later date within a certain time period. If the defendant does get arrested again, the prosecutor can re-file the original charges.
Can a victim choose not to press charges?
A prosecutor also can decide to pursue a case even if the victim tells the police or the prosecutor that he does not want to press charges. The only exception to this rule is that victims can refuse to testify on the grounds that their testimony could incriminate them.
Can a victim be forced to testify?
The short answer is yes. A prosecutor can continue prosecuting a defendant even though the alleged victim cannot be compelled to testify. Whether the prosecutor will want to go forward with prosecuting a defendant when the alleged victim-spouse invokes the privilege to avoid testifying is another matter.
What happens if the complainant does not appear in court?
If the Plaintiff does not show up for the trial and the Defendant does appear, if the Defendant asks, the Court may dismiss the case without prejudice. If the Plaintiff does refile the case and again fails to appear at trial, the Small Claims Rules say the Court may dismiss with case with prejudice.
What happens if victim doesn’t show up for court?
The prosecutor cannot compel a person to show up in court unless the victim or witness has been properly served with a subpoena. If the alleged victim ignores the subpoena, the prosecutor may choose to seek a material witness warrant. The judge decides whether a warrant can issue, not the prosecutor.