Michigan Affidavit by Victim for Dismissal

• Category: Criminal - Dismissals
• State: Multi-State
• Control #: US-00837
• Format: Word; Rich Text

Description

This form is a sample affidavit from an alleged domestic abuse victim swearing that the accused was under the influence of medication mixed with alcohol at the time of the alleged incident and requesting that because defendant did not know the harm in mixing the substances, he was not conscious of the wrongdoing and the case should be dismissed. Adapt to fit your circumstances. Michigan Affidavit by Victim for Dismissal is a legal document filed by the victim in a criminal case to request the court to dismiss charges against the defendant. This affidavit serves as evidence that the victim no longer wishes to proceed with the case, usually due to a change of heart, lack of evidence, or resolution through mediation. In Michigan, there are two types of Affidavits by Victim for Dismissal that can be filed: 1. Affidavit by Victim for Dismissal with Prejudice: This type of affidavit is filed when the victim requests the court to dismiss the charges against the defendant permanently. By filing this affidavit, the victim acknowledges that they do not intend to pursue the case any further and that the charges should not be refiled in the future. 2. Affidavit by Victim for Dismissal without Prejudice: This type of affidavit is filed when the victim requests the court to dismiss the charges against the defendant temporarily. By filing this affidavit, the victim states that they currently do not wish to proceed with the case, but they reserve the right to refile charges at a later time if circumstances change or new evidence emerges. When filing an Affidavit by Victim for Dismissal in Michigan, certain key elements should be included: 1. Victim's Personal Information: Full name, contact details, and address of the victim should be mentioned at the beginning of the affidavit. 2. Case Information: Provide the name of the court, case number, and the names of the defendant and victim as they appear in the criminal case. 3. Statement of Intent: Clearly state the purpose of the affidavit, which is to request the court to dismiss the charges against the defendant. Specify whether it is a dismissal with prejudice or without prejudice. 4. Reason for Dismissal: Explain the reason for the dismissal request. The victim may elaborate on changes in circumstances, lack of evidence, reconciliation/agreement with the defendant, or any other valid justification. 5. Victim's Signature and Notarization: The affidavit must be signed by the victim in the presence of a notary public, who will then notarize the document to validate its authenticity. Filing an Affidavit by Victim for Dismissal can be a complex legal process, and it is recommended to consult with an attorney for proper guidance and advice based on the specific circumstances of the case.

Michigan Affidavit by Victim for Dismissal is a legal document filed by the victim in a criminal case to request the court to dismiss charges against the defendant. This affidavit serves as evidence that the victim no longer wishes to proceed with the case, usually due to a change of heart, lack of evidence, or resolution through mediation. In Michigan, there are two types of Affidavits by Victim for Dismissal that can be filed: 1. Affidavit by Victim for Dismissal with Prejudice: This type of affidavit is filed when the victim requests the court to dismiss the charges against the defendant permanently. By filing this affidavit, the victim acknowledges that they do not intend to pursue the case any further and that the charges should not be refiled in the future. 2. Affidavit by Victim for Dismissal without Prejudice: This type of affidavit is filed when the victim requests the court to dismiss the charges against the defendant temporarily. By filing this affidavit, the victim states that they currently do not wish to proceed with the case, but they reserve the right to refile charges at a later time if circumstances change or new evidence emerges. When filing an Affidavit by Victim for Dismissal in Michigan, certain key elements should be included: 1. Victim's Personal Information: Full name, contact details, and address of the victim should be mentioned at the beginning of the affidavit. 2. Case Information: Provide the name of the court, case number, and the names of the defendant and victim as they appear in the criminal case. 3. Statement of Intent: Clearly state the purpose of the affidavit, which is to request the court to dismiss the charges against the defendant. Specify whether it is a dismissal with prejudice or without prejudice. 4. Reason for Dismissal: Explain the reason for the dismissal request. The victim may elaborate on changes in circumstances, lack of evidence, reconciliation/agreement with the defendant, or any other valid justification. 5. Victim's Signature and Notarization: The affidavit must be signed by the victim in the presence of a notary public, who will then notarize the document to validate its authenticity. Filing an Affidavit by Victim for Dismissal can be a complex legal process, and it is recommended to consult with an attorney for proper guidance and advice based on the specific circumstances of the case.