If the facts of the case simply do not support
the legal charges against the defendant, an experienced lawyer can bring this to the prosecutor's attention in an effective way, and make the appropriate application for dismissal of the charges.
Not exact matches
Digital Journal reports that more than 5,200 international «researchers, professors, postdocs, [and] seismologists» have signed a petition supporting the seven
defendants and the Seismological Society of America has denounced the
charges as an «unprecedented
legal action
against members of the seismological community.»
Dismissal of federal
charges against defendants in the KPMG tax fraud litigation after the judge said the U.S. coerced KPMG into denying
legal funds to the ex-employees
Basically, this is to protect people who are exercising
legal free speech and fair use rights from suffering
legal burdens of fighting a case where the plaintiff alleges copyright or defamation
charges against defendant when that is of extremely questionable grounds.
Another reason that victims of alcohol or drug related accidents should seek competent
legal counsel and file a civil action
against the
defendant instead of hoping for criminal restitution is that the standard of proof required to win an Indiana personal injury lawsuit is less than what a prosecutor must prove to convict a
defendant on criminal
charges.
One important aspect of prosecutorial discretion in the common law systems is the prosecutor's power to select the
legal charges he brings
against the
defendant.