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    kfbkeene's Avatar
    kfbkeene Posts: 9, Reputation: 2
    New Member
     
    #21

    Feb 15, 2009, 01:45 PM
    My lawyer already has a moption to doismiss drawn up - and NOW the officer is on Administrative suspension for allegerd rape cgharges while on duty and cannot even show up to the court to testify. So on that alone the case will be dismissed plus as I said My attorney already has a motion to dismiss drawn up based on the unlawful stop (it was racial profoiling - read all the posts) so either way the thing will be dismissed - the issue is that it will not be dismissed by the time the background check is completed so it will most l;ikely show a s a pending charge - My attorney has agreed to write a letter to the company explaining the whole situation - so we shall see what happens
    Paper Chaser's Avatar
    Paper Chaser Posts: 7, Reputation: 1
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    #22

    Feb 15, 2009, 02:28 PM
    A request for dismissal for is applicable if there are questionable issues associated with actions/evidence against the defendant prior to trial. What I am speaking of varies from state to state and dependent on the type of charge(s) pending against the defendant. You can verify this information on the Revised/Repealed Statutes under any state's legislature.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #23

    Feb 15, 2009, 04:45 PM
    Quote Originally Posted by Paper Chaser View Post
    You can verify this information on the Revised/Repealed Statutes under any state's legislature.
    Sorry but that doesn't fly. I find it hard to believe nor have I ever heard that any court or statute would permit a motion to remove something that was not yet in place. Makes no sense. If you say such a possibility exists, then please find me an instance where it does. If I'm wrong, then I want to know I'm wrong. But I'm not going to waste my time looking for something I don't think exists.

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