It’s almost a shame to bring logic to the situation but let’s indulge for a moment. For decades, Yousaf Falooda has allowed just about anyone (with 50-60 cents) to enjoy the taste of gourmet middle eastern desserts without breaking the bank. It is also a place where rivalries are forgotten and people connect in a way that only a deep-rooted love for sweets can allow. That is exactly what any mediation or negotiation aims to achieve in the legal arena. Essentially, we are talking about resolving conflicts smoothly, without rancor, and without public or private courts. Though the proceedings are not technically administrative (which is the legal type of procedure that results in a settlement without a trial), the outcome is pretty much the same. It is possible to dismiss a charge before court proceedings begin and the benefits are plentiful. A brief list of features and benefits is as follows: Feature: Dismissal of charges prior to court date Benefit: Avoidance of trial, avoidance of associated criminal record, avoidance of fee payment and expenses. Feature: Ask for a settlement, file it accordingly and wait for prosecutor approval. Benefit: Dismisses the charges on the doctrine of nolle prosequi (Latin for “leave to pursue no further”). In the case of a complaint that requires a post-filing agreement – sometimes a settlement after court proceedings have begun, the prosecutor may ask the defendant to meet them at court to finalize a plea deal. Assuming that both parties are willing, this provides ample time to figure out what an easy solution might be. The defendant doesn’t even have to go to trial in order to avoid having their name listed on a court roster in the long run. Naturally, for those who are convicted, a transcript will reflect the criminal status but that record is expunged upon request after the perpetrator has completed probation.
Sweets like falooda introduce the taste of the middle east into the heart of Pakistani society, much as these dispositions help bring peace to legal rivalries. In other words, the concept of a settlement can be easily likened to drawing together two opposing parties with deep-seated love of sugar. No offense is meant, but the metaphor is sound. Of course, there are other types of cases where both sides might request a dismissal before court day. For example in a domestic case, the charges may not be brought if the aggrieved spouse does not show up to the hearing. In most of these instances, the chief prosecutor agrees to this dismissal even if it does not mean a finding of innocence. Meanwhile, the defense lawyer works to protect their client from further litigation. Naturally, the judge will continue to oversee the proceedings. That’s all legal talk for “When everyone wants an easy fix, dropping the matter is the least painful solution of all.” Deep down, it’s what the law maker would prefer on any day of the week, so it’s always worth asking can you drop charges against someone before court?
For more information on legal procedures, you can visit USCourts.gov.