How to write a letter to a judge asking for a dismissal of a case.

Asked about 1 year ago - Shirley, MA

I would like to know how to write a letter to a judge asking him to dismiss a case. I am the victim of that particular case. On the day of the arraignment I spoke with the Da and the victims advocate and express to both of them that I did not wish to move forward with the case. When the case was called up, neither one of them said anything about me not wanting to move forward to the judge. I can't afford an attorney and I thought that I could maybe send a letter to the judge asking him to dismiss the case. Could someone please help me with this? I just don't know how I should write such a letter. Thank you!

Attorney answers (5)

  1. Dominic L. Pang

    Contributor Level 17

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    Answered . Based on your response, it sounds like you have a marital privilege that you can assert in order to refuse to testify against the defendant. If there is not other source of evidence besides you, for example, a third-party witness or your 911 call that falls into a narrowly drawn exception to the general rule against using the 911 call when the caller is not present to testify at trial, then the case will be dismissed on the trial date when the DA cannot go forward to trial.

    You do not need to write any letter to the judge, nor should you attempt to do so. Communicate your intention to assert your marital privilege to the defendant's attorney and to the DA's office through the victim's advocate. Don't be surprised if the victim's "advocate" stops advocating for you, and tries to either convince you to testify or subtly (or not so subtly) threatens you, once she finds out you are intending to assert your marital privilege. In some courts, a judge will dismiss the case before trial once the marital privilege is asserted on the record (assuming there is no other evidence besides the spouse's testimony). In other courts, the judge won't dismiss the case until the trial date even if the spouse has asserted her privilege before trial.

    Good luck,

    Dominic Pang (617-538-1127)

    Disclaimer: This answer is provided for informational purposes only and it is not intended as legal advice.... more
  2. Thomas J Callahan

    Contributor Level 18

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    Answered . As the victim, you don't necessarily need your own attorney. This case is in the hands of the DA now, and is his/hers to control. Make your request in writing to the DA, and then he/she has to decide if the case can move on without a cooperating victim. I don't believe you have standing to file a motion to dismiss directly with the judge (which is what you are asking).

    To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a... more
  3. David C. Newton

    Pro

    Contributor Level 14

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    Answered . The judge does not have the authority to dismiss a case because the victim wants it dismissed. All criminal cases are in the hands of the DA and they are the only ones that can dismiss a case if the reason is the victim doesn't want to proceed. No ADA will dismiss a case because that's what the victim wants in a domestic violence case. Depending on the facts of the case they may not be able to proceed without your cooperation. However, unless you have a 5th amendment right not to incriminate yourself or are married to the defendant the DA can have a warrant issued for you to be brought to court. You should speak to the defendants defense attorney.

    David Newton
    978-995-2014
    617-449-7441

    This is not intended as legal advice and does not create an attorney-client relationship.
  4. Michael L Rich

    Contributor Level 17

    4

    Lawyers agree

    Answered . You could also contact the defense attorney about how to help the defendant get the case dismissed.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this... more
  5. Henry Lebensbaum

    Contributor Level 20

    1

    Lawyer agrees

    Answered . YOU DO NOT



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