Can a misdemeanor case be withdrawn after a settlement if I've already been sentenced?

Hello,

In misdemeanor cases in the UAE, if the case involves a private criminal complaint (such as bounced checks or cases related to defamation), the aggrieved party may waive the complaint after reaching a settlement, which will result in the case being closed or the sentence being reduced according to the law.

However, if the crime is of a public nature or affects public order, the waiver by the aggrieved party may not lead to the case being dropped entirely, as the state has the right to pursue the criminal case regardless of the settlement between the parties.

To ensure the case is resolved, the other party must submit a formal waiver request to the court. The court can then overturn or reduce the sentence based on the waiver.

For assistance, please contact us via phone or WhatsApp at [------------].

Yes, in UAE law, if a settlement is reached with the other party, they can withdraw their complaint, which may have an impact on your case.

However, since the court has already issued a judgment, the withdrawal of the complaint alone does not automatically cancel the verdict.

You would need to file an appeal and present the settlement as part of your defense to seek a reduction or cancellation of the sentence.

Given the seriousness of the situation, it is essential to handle the legal steps properly to ensure the best possible outcome.

I can assist you in filing the necessary appeals and representing you in court. Please reach out to me via WhatsApp or phone to discuss your case in detail and take the next steps.

Best regards,

Suhail Rana

Dear Sir/Madam,

Thank you for reaching out to us!

In general, whether a misdemeanor case can be withdrawn after a settlement depends on the nature of the offense and local laws.

Some cases allow for withdrawal if the affected party agrees and legal procedures are followed, while others may proceed regardless of settlement.

To provide you with precise legal advice tailored to your case, we recommend booking a consultation through our website or contacting us directly.

Our legal team is ready to assist you in exploring the best course of action.

Best regards,

Dear Sir/Madam,

Thank you for your inquiry regarding the withdrawal of a misdemeanor case in the UAE!

Based on the legal framework, the following points are relevant to your situation:

1. Withdrawal of Complaint:

Under UAE law, a criminal action may lapse if the complainant withdraws their complaint, provided the offense is one where reconciliation is permissible (e.g., certain misdemeanors).

If the complainant agrees to withdraw their complaint, and this is formally documented, it can lead to the dismissal of the case.

2. Settlement with Complainant:

If you have reached an amicable settlement with the complainant, they must formally notify the police or public prosecution of their intent to withdraw the complaint. This process typically requires written confirmation and supporting documentation.

3. Court Proceedings:

If a judgment has already been issued by the Court of First Instance, withdrawing the complaint may not automatically nullify the judgment. However, it can influence appeals or subsequent proceedings.

You may still appeal the judgment within seven days of issuance if applicable.

4. Next Steps:

Ensure that the complainant submits an official withdrawal request to the relevant authorities (police or public prosecution).

Engage a legal representative to assist in expediting this process and ensure proper documentation is submitted.

5. Legal Representation:

Given that you require an urgent resolution, it is advisable to consult with us. We can liaise with authorities and guide you through appeals or settlement procedures.

Please note that while settlement and withdrawal can help resolve certain cases, final decisions rest with the court or public prosecution, depending on the stage of proceedings.

Should you require further assistance, please do not hesitate to contact us.

Best regards,

ABDUL WAHIED

Dear questioner,

Criminal cases, including misdemeanors, are initiated by the Public Prosecution based on a complaint from the victim or available evidence.

If a settlement is reached between the parties, the victim may withdraw their complaint, which could lead to the case being dismissed or the sentence being suspended, depending on the nature of the offense and its impact on public order.

However, certain cases, especially those affecting public order, cannot be terminated solely by a waiver. It is advisable to appoint a specialized lawyer to ensure the correct legal procedures and determine whether the case can be closed based on the settlement.

Contact us if you need assistance in following the proper legal procedures.

Mohamed Salah Shoeib

Legal Consultant

A misdemeanor case can potentially be withdrawn by the other party if a settlement is reached, but this requires cooperation between both parties and approval from the prosecuting attorney, and possibly a judge.

Yes, even after a judgment in the Court of First Instance in a misdemeanor case in the UAE, a case can potentially be withdrawn if a settlement is reached with the other party.

Since you were released on bail, it indicates that you have likely appealed the Court of First Instance's decision.

Settlement and withdrawal are more likely to be considered during the appeal process.

If you need further clarification, kindly share your WhatsApp number.

Yes, it can be withdrawn by the other party if a settlement is reached.