After we agreed to settle and the complainant sign an affidavit of desistance am I going to be free?::confused:

Hello john:

I've never heard of an affidavit of desistance... Please explain it to me, or go get the paper it's on and SPELL it to me.

Plus, you're going to have to tell us MORE of what happened... That is, if you really want help.

excon

1. what country is this

2. never heard of such a paper

3. what type of case, you posted under criminal law, so in that case only the DA can make a deal with you

Quote:

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Originally Posted by Fr_Chuck

1. what country is this

2. never heard of such a paper

3. what type of case, you posted under criminal law, so in that case only the DA can make a deal with you

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I think this is old English Law and it's basically sort of an estoppel, a distancing yourself from the case. It's not a withdrawal.

I'm not exactly sure of how it comes into play other than the person filing the complaint declares his/her intention not to participate in the Court proceedings. Again, the complainant doesn't withdraw, he/she just sort of distances himself/herself.

I've never seen it actually referred to or used in a legal proceeding - I thought it was just the foundation for something else.

Hopefully someone knows definitively - interesting question.