Michigan PDF Forms

Michigan PDF Forms

Homepage > Fill Your Michigan Mc 263 Template

Documents used along the form

The Michigan MC 263 form is used in criminal cases to request a nolle prosequi, which means the prosecution is choosing not to pursue the case any further. Several other forms and documents are often associated with this process. Below is a list of these documents, each serving a specific purpose in the legal proceedings.

  • MC 264 - Order of Dismissal: This document officially dismisses the case after a nolle prosequi has been granted. It confirms that the defendant is no longer facing charges.
  • MC 265 - Notice of Hearing: This form notifies all parties involved of a scheduled hearing regarding the motion for nolle prosequi. It ensures that everyone has the opportunity to be present.
  • MC 266 - Certificate of Service: This document verifies that all relevant parties have been served with the necessary paperwork related to the motion for nolle prosequi. It is essential for maintaining proper legal procedures.
  • MC 267 - Affidavit of Non-Pros: This affidavit is a sworn statement from the prosecuting official explaining the reasons for seeking a nolle prosequi. It provides context for the court's decision.
  • MC 268 - Motion to Withdraw: If a prosecutor wishes to withdraw a nolle prosequi after it has been filed, this motion outlines the request and the justification for it.
  • MC 269 - Criminal Complaint: This form outlines the charges against the defendant before the motion for nolle prosequi is filed. It details the allegations and serves as the basis for the case.
  • Nevada Promissory Note: To create legally binding payment agreements, parties should refer to the template available at https://promissoryform.com/blank-nevada-promissory-note, ensuring all terms are clearly outlined.
  • MC 270 - Pretrial Order: This document outlines the conditions and requirements for the defendant before the trial, including any stipulations that may be affected by a nolle prosequi.
  • MC 271 - Bond Motion: This form is used to request changes to the defendant's bond status, especially if the nolle prosequi affects the conditions of their release.
  • MC 272 - Statement of Rights: This document informs the defendant of their rights throughout the legal process, including their rights related to a nolle prosequi.

Each of these documents plays a crucial role in the legal process surrounding the Michigan MC 263 form. Understanding their purposes can help defendants and legal professionals navigate the complexities of criminal proceedings more effectively.

Michigan Mc 263 Preview

Original - Court

3rd copy - Police agency

1st copy - Prosecutor

4th copy - Arresting agency

2nd copy - Defendant/Juvenile

 

Approved, SCAO

PROBATEJISCODE: NOL

STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT

MOTION/ORDER

OF NOLLE PROSEQUI

CASE NO.

ORI

Court address

MI-

Police Report No.

The State of Michigan

THE PEOPLE OF

v

Court telephone no.

Defendant/Juvenile name, address, and telephone no.

CTN/TCN

SID

DOB

Juvenile

In the matter of

Count

CRIME

CHARGE CODE(S)

MCL citation/PACC Code

MOTION

Name (type or print)

for the following reason(s):

Date

IT IS ORDERED:

, prosecuting official, moves for a nolle prosequi in this case

Prosecuting official

Bar no.

ORDER

1. Motion for nolle prosequi is granted and the case is dismissed without prejudice.

2. Motion for nolle prosequi is granted as to the following charge(s), which are dismissed without prejudice:

3.

Motion for nolle prosequi is denied.

 

4.

Defendant/Juvenile shall be immediately discharged from confinement in this case.

 

5.

Bond is canceled and shall be returned after costs are deducted.

 

6.

Bond is continued on the remaining charge(s).

 

 

 

 

 

 

Date

 

 

Judge/Magistrate

Bar no.

Ifitem1ischecked, theclerkof thecourtshalladvisethe MichiganStatePoliceCriminalJusticeInformationCenterofthedisposition as required under MCL 769.16a.

TO THE DEFENDANT: Your fingerprints and arrest card will be destroyed by the Michigan State Police within 60 days of the date of this order when permitted by MCL 28.243.

MC 263 (3/09) MOTION/ORDER OF NOLLE PROSEQUI

MCL 28.243, MCL 767.29, MCL 769.16a, MCR 3.936(D)

Similar forms

  • Michigan MC 264 Form: This form is used for a motion to dismiss a case. Like the MC 263, it allows the prosecutor to request that charges be dropped, but it may involve different circumstances or types of dismissals.

  • Michigan MC 265 Form: Similar to the MC 263, this form deals with motions for an adjournment. It allows parties to request a delay in proceedings, which can impact the case timeline.

  • Michigan MC 266 Form: This form is for a motion to quash. It allows a defendant to challenge the validity of a charge, similar to how the MC 263 seeks to dismiss it.

  • Michigan MC 267 Form: Used for a plea agreement, this form outlines terms between the prosecution and defense. It can lead to a dismissal of charges, similar to the nolle prosequi process.

  • Texas Real Estate Purchase Agreement: Essential for anyone looking to buy or sell property in Texas, this form details crucial aspects of the transaction. For more information, visit legalpdf.org.
  • Michigan MC 268 Form: This form is for a motion for a new trial. It requests a retrial based on specific grounds, which can be seen as a different approach to resolving a case compared to the MC 263.

  • Michigan MC 269 Form: This form is for a motion to suppress evidence. It challenges the admissibility of evidence, which can influence the outcome of a case, akin to the dismissal sought in the MC 263.

  • Michigan MC 270 Form: This form is used for a motion for a change of venue. It seeks to move a trial to a different location, impacting how a case is handled, similar to the procedural aspects of the MC 263.

  • Michigan MC 271 Form: This form is for a motion for summary disposition. It allows a party to request a ruling without a full trial, paralleling the request for dismissal found in the MC 263.

  • Michigan MC 272 Form: This form is for a motion for bail reduction. It seeks to lower bail amounts, which can affect a defendant's situation while charges are pending, similar to the outcomes of the MC 263.

  • Michigan MC 273 Form: This form addresses a motion for judgment notwithstanding the verdict. It allows a party to challenge the verdict after a trial, which is another way to seek a favorable resolution, much like the nolle prosequi.

Misconceptions

  • Misconception 1: The MC 263 form is only for serious crimes.
  • This form can be used for any criminal case, regardless of the severity of the charges. It is not limited to felonies or major offenses.

  • Misconception 2: A nolle prosequi means the defendant is guilty.
  • A nolle prosequi is a decision by the prosecutor to drop the case. It does not imply guilt or innocence; it simply means the case will not proceed.

  • Misconception 3: Completing the MC 263 form guarantees case dismissal.
  • Misconception 4: The defendant will always be released immediately.
  • While the form can lead to the defendant's release, it depends on the specific circumstances of the case. In some instances, the defendant may still face other charges.

  • Misconception 5: The MC 263 form is only relevant in Michigan.
  • While this form is specific to Michigan, similar forms exist in other states. Each state has its own procedures for handling nolle prosequi motions.

Detailed Instructions for Using Michigan Mc 263

Completing the Michigan MC 263 form involves providing specific details regarding the motion for nolle prosequi. This form is essential for formally requesting the dismissal of a case without prejudice. Follow the steps outlined below to ensure accurate and complete submission.

  1. Obtain the Michigan MC 263 form from a reliable source or the court.
  2. Fill in the court address and court telephone number at the top of the form.
  3. Enter the case number and Police Report Number in the designated fields.
  4. Provide the defendant or juvenile's name, address, and telephone number.
  5. Include the CTN/TCN and SID numbers, along with the date of birth.
  6. List the crime charge code(s) and the corresponding MCL citation/PACC code.
  7. In the section for the motion, type or print the name of the prosecuting official.
  8. State the reason(s) for the motion clearly.
  9. Indicate the date of the motion.
  10. Check the appropriate boxes to indicate the order of the motion, such as whether it is granted or denied.
  11. If applicable, specify any charges that are dismissed without prejudice.
  12. Provide the date and the judge or magistrate's name along with their bar number.
  13. Sign and date the form where indicated.
  14. Make copies of the completed form: original for the court, 1st copy for the prosecutor, 2nd copy for the defendant/juvenile, 3rd copy for the police agency, and 4th copy for the arresting agency.

Dos and Don'ts

When filling out the Michigan MC 263 form, it is essential to approach the task with care and attention to detail. Here are ten important do's and don'ts to keep in mind:

  • Do ensure that all required fields are filled out completely.
  • Do double-check the accuracy of the defendant's name and contact information.
  • Do provide a clear and concise reason for the motion.
  • Do sign and date the form before submission.
  • Do keep a copy of the completed form for your records.
  • Don't leave any sections blank unless specifically instructed.
  • Don't use abbreviations or unclear language in your explanations.
  • Don't forget to check the box indicating the clerk's responsibilities regarding the Michigan State Police.
  • Don't submit the form without verifying that you have the correct court address and contact number.
  • Don't overlook the importance of following up to confirm that the motion has been processed.

By adhering to these guidelines, you can help ensure that your submission is handled efficiently and effectively. Taking the time to complete the form correctly can have a significant impact on the outcome of your case.