Is a dismissal of a criminal proceeding a "favorable termination"?
MultiRegion, United States of America
The following excerpt is from Stamas v. County of Madera, CASE NO. CV F 09-0753 LJO SMS (E.D. Cal. 2011):
The dismissal of the criminal proceeding is not a "favorable" termination. MacDonald v. Joslyn is distinguishable because it involved a civil proceeding where the underlying civil action was voluntarily dismissed by the then-plaintiff/later-named-defendant. Here, the criminal action
Page 19
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the favorable termination rule apply to prison disciplinary proceedings if those proceedings resulted in loss of good-time or behavior credits? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
Can restitution be ordered only for the criminal conviction for the same criminal offence for which the criminal charges were dismissed? (MultiRegion, United States of America)
Does the Court have a duty to dismiss or otherwise dismiss a claim brought by a defendant who has been convicted of a criminal offence under the Criminal Code? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Can a federal prosecutor indict a state criminal defendant even while the federal criminal proceedings are ongoing? (MultiRegion, United States of America)
Does an appeal of a third-party proceeding ancillary to a criminal forfeiture action have to be treated as a "civil" or "criminal" appeal? (MultiRegion, United States of America)
Can a criminal charge of negligent non-compliance with section 3161(b) of the Criminal Code be dismissed without prejudice? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
