| inglewood |
Ok could somebody perhaps explain to me the differences in court findings at the adjudication of a trial? Obviously guilty is the person was found that he committed the offence. But what is the difference between QUASHED, WITHDRAWN, and DISMISSED?? :huh: Are all three of those equal to not findings of not guilty such that nothing remains of the charge?
A response would be much appreciated by anyone. |
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| dogstar |
i have no idea if this is the real definitions, but i think quashed is something the court would do against the officers protest.
withdrawn might be when the officer realizes his case sucks and he doesnt want to waste any more time in court.
dismissed is when they go through the process and the court finds you not guilty, even though there may still be some record of you recieving the ticket.
just my two cents. |
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| albertarc |
quote:
Originally posted by dogstar@Feb 5 2003, 01:31 AM
i have no idea if this is the real definitions, but i think quashed is something the court would do against the officers protest.
withdrawn might be when the officer realizes his case sucks and he doesnt want to waste any more time in court.
dismissed is when they go through the process and the court finds you not guilty, even though there may still be some record of you recieving the ticket.
just my two cents.
You got it dogstar ...
I'll maybe just smooth the definitions out a bit:
Quashed - an error was made on the ticket such as a wrong court date or Section number etc. An officer has an opportunity to relay the charge if he / she wishes to do so. The majoruty of the times when a ticket is quashed a new charge is not laid.
Withdrawn - for whatever reason the officer or prosecutor has decided to pull the ticket. This means that a similar charge cannot be laid against the offender resulting out of the same circumstances ... maybe you have heard of "Double Jeopardy"
Acquitted - the charge went to Trial & for whatever reason the Judge decided to find the offender "Not Guilty". This could be as a result of lack of evidence, a Charter of Rights breach or even a he said / she said where the Judge cannot determine who is lying & who is telling the truth.
Stayed - this is similar to a charge being withdrawn except that it is possible to relay the charge at a later date should more evidence etc come to light.
Conviction - the offender was found "Guilty" at Trial.
Convicted In Absence - an Offence Notice ticket (yellow) went past the Court date without the offender paying it or showing up at Court. These show up when you go in to get registry services (renew licence / plates etc) along w/ a late fee.
Hope this helps!!
Jimbo :wacko: |
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| inglewood |
| Thank you!!! Definately clears up some confusion. |
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