Complainant for murder case withdraw the charge, can they be sent out of jail? is it still a criminal record?

Question

withdrawal of the case means that the suspect is not guitly and is he gonna be free of charge ?is it going to be a criminal record ? what are the grounds for a crime for it to be considered murder and when it is a homicide ? what is the difference ? which is grave murder or homicide? and when will it be a self defense , is it still punishable? and if the victim is not mentally stable will it make a difference?

Answer 1

Homicide is a police term, murder is a legal term. Generally murder is when it is not 1st or 2nd degree, or manslaughter.

Murder is when it is not pre-meditated or with a depraved heart, usually it is reckless disregard for human life, which is different than manslaughter.

Answer 2

The victim is still dead, right?

If all charges were dropped, there will be no criminal record, but he may still have an arrest record.

If self defense is proven, and force is equal, charges won't be made against the person.

Answer 3

There will not likely be a conviction record, unless charges are refilled after more substantial evidence is collected and the defendant is convicted.

However, it's important to know that a cirminal record consists of both conviction records AND arrest records (although in some states arrest records are accessible only by certain entities, e.g. government, non profit, educational, etc.).  The arrest will likely be on the criminal record, and you must wait until the statute of limitations expires for the offense for which the arrest was made (for murder normally there is no limitation), and you must apply to the court to seal or expunge the arrest record.

So, in short, even with an arrest and eventual dismissal of the cause of action, there is a high likelihood that there will be a cirminal record.

Answer 4

If someone is charged with a homicide, it will always appear on their criminal rap sheet, with a notation of "dismissed in interests of justice," "insufficient evidence," or "acquittal by jury trial,".... depending on the situation.

If the charge is dismissed, there is no conviction.  The person is not guilty of homicide.

A homicide is the unlawful taking of a human life.  A murder is a more factually specific homicide where the defendant possessed  some degree of premeditation or deliberation in an intentional killing of another.