help i need to know what this means anybody know law terms? ?
can someone please tell me what this means????my sons dead beat dad has criminal charges on him for failure to pay child support and this is the last thing on his file through the cuyahoga county criminal dockets that happened today and i want to know what it means????? BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS, FILED...
the charges on him are 2 felonies 5's so its not a civil charge thats not what i was asking
- 1 decade agoFavorite Answer
i believe it means that he filed an opposition (opposing argument) to you're motion, trying to dismiss the charges.
basically, i think hes saying you're charging him with something he didnt do, and his motion to cancel your motion was filed.
i THINK thats what it means.
- Anonymous1 decade ago
This a document filed with the court by the Prosecutor in response to the Defendant filing a document asking the Court to dismiss the case against him. The Prosecutor presents his arguments against the arguments presented by the Defendants document, and after reading both sides the Judge decides whether or not to dismiss this case.
Its unlikely that the case will be dismissed at this stage unless the Defendant can present a very strong reason why.Source(s): law grad
- 5 years ago
The above post is correct but may not be something the average joe can figure out. Basically, law enforcement has a duty to protect evidence in their possession that makes the defendant look innocent. In other words, when the police go out and gather evidence and some of it might make the defendant look innocent, they can't just throw it away and pretend it doesn't exist. This would apply to both physical evidence and testimonial evidence (like a statement from a witness, for example). Now, this is not the same as saying the police have a duty to go out and gather exculpatory (makes the defendant look not guilty) evidence. It just means that what we do gather, we can't toss just because it makes the bad guy look innocent. It frequently applies to breath testing evidence. Since the breath test machine does not keep a sample of the DUI driver's breath, it can't be retested later. Just the same, it's evidence that was in our possession but we let it blow out of the machine. Trombetta says (and it's exactly this kind of case that it started from) that we have to let the defendant know their breath isn't saved and afford them an opportunity to have a blood or urine test along with the breath test. Hard to say what the issue might have been with the video you were hearing about but now that you have a better idea of what Trombetta is about, maybe you can figure it out yourself.
- mollyblue55Lv 61 decade ago
He's asked them to drop the charges, which there are none because not paying child support is not a criminal offense, it's a civil offense. He can't go to jail for it, just have his wages garnished for it.
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- 1 decade ago
if the defendant is your ex then i think it means that they are against his plea to have his charges dropped