Federal Court Questions

[morgsmom]

What is the name of your state? Ohio

Can an attorney request to a Federal Judge that a case be dismissed without prejudice?

Thank you
morgsmom

[weenor]

Of course if there are grounds.

[rmet4nzkx]

You need to discuss your options with your attorney
[url]http://forum.freeadvice.com/showthread.php?t=319868[/url]

[morgsmom]

I had requested that the attorney handling my case request that the case be dismissed without prejudice. In two separate emails and one telephone conversation my request was made very clear. He told me he had made this request and now I found out that he did not. He tells me that the judge had automatically sent the dismiss with prejudice order. My attorney advised me that I should settle because the defendent's attorney was threatening me with sanctions and perjury. I did not commit perjury and there is proof of this.
I wanted the case dismissed without perjury ... leaving me the option to reopen in the future. I wanted this because I do not like the idea of being threatened if I don't enter into an agreement I may possibly be charged with sanctions and perjury. Shouldn't these decisions be left upto a court of law to determine?

I had spoken with another attorney whom was willing to look at the additional information that the original attorney did not. Shouldn't I have been allowed the option of a second opinion?

morgsmom

[morgsmom]

I wanted the case dismissed without prejudice ....

morgsmom

[morgsmom]

Originally Posted by weenor

Of course if there are grounds.

however ... what are the "Of course if there are grounds?

[weenor]

There must be a reason for dismissal and a reason to ask for "without prejudice" Any dismissal is strictly up to the judge's discretion and what he wants to do. If am the defendant in your case I would insist on dismissal with prejudice and give the judge a nice little brief outlining why. You got caught lying and are trying to figure a way around it without getting sanctioned. Too late.

[rmet4nzkx]

Originally Posted by weenor

There must be a reason for dismissal and a reason to ask for "without prejudice" Any dismissal is strictly up to the judge's discretion and what he wants to do. If am the defendant in your case I would insist on dismissal with prejudice and give the judge a nice little brief outlining why. You got caught lying and are trying to figure a way around it without getting sanctioned. Too late.

When I read the few facts OP presented, they were convoluted and omissions so I can easily see why OP was accused of perjury, such behaviors raise red flags.

[morgsmom]

and I wasn't caught in a lie

I was ask a question and gave a truthful answer at the first hearing ...

and questioning leading up to the questioning provided truth ...

At a second hearing I was ask a simular question and I gave the same answer I gave at the first hearing ...

however, the attorney asking the question did not show the entire transcript and only the parts he wanted to use ... he did not show all of my testimony. It was not until I had the opportunity to look at the transcripts from first hearing did I clearly understand what he had done. My attorney now has responded stating the true facts.

All I wanted to know was because I did not committ perjury and the threat of perjury and sanctions sounded very threatening to me I was told at that time I had no choice but to agree to the agreement.

For this reason I wanted the case to be dismissed without prejudice so I could persue it at a later date. My attorney did not even attempt to do as I requested and has told me that you can not request a case to be dismissed without prejudice in Federal Court. I find this to be a false statement.

morgsmom