Summary
To cancel a pretrial diversion contract made under duress or misrepresentation, consult an attorney, gather evidence, and file a motion to void the contract. A motion template can be used, but its advisable to seek legal advice to tailor it to your situation. Under Missouri law, contracts entered under duress, misrepresentation, or threats are voidable.Full Conversation
Can you write me a a motion that voides the contract due to duress, misrepresentation, and due to threats of imprisonment?
Sure! Here's a basic template for a motion to void a contract due to duress, misrepresentation, and threats of imprisonment. Remember, it's always best to consult with an attorney to tailor this to your specific situation.
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IN THE CIRCUIT COURT OF [YOUR COUNTY], MISSOURI
STATE OF MISSOURI,
Plaintiff,
v.
[YOUR NAME],
Defendant.
Case No.: [Your Case Number]
MOTION TO VOID CONTRACT DUE TO DURESS, MISREPRESENTATION, AND THREATS OF IMPRISONMENT
COMES NOW, the Defendant, [Your Name], and moves this Honorable Court to void the pretrial diversion contract entered into with the prosecuting attorney on the grounds of duress, misrepresentation, and threats of imprisonment, and in support thereof states as follows:
*. Introduction
The Defendant entered into a pretrial diversion contract with the prosecuting attorney on [date].
*. Duress
The Defendant was coerced into signing the contract under duress. Specifically, [provide specific details about the duress, such as threats of harm, undue pressure, etc.].
*. Misrepresentation
The contract was entered into based on misrepresentations made by the prosecuting attorney, including but not limited to [provide specific details about the misrepresentations].
*. Threats of Imprisonment
The Defendant was threatened with imprisonment if they did not sign the contract, creating an involuntary agreement. Specifically, [provide specific details about the threats].
*. Legal Basis
Under Missouri law, a contract entered into under duress, misrepresentation, or threats is voidable. The Defendant seeks to exercise this right.
*. Conclusion
For the reasons stated above, the Defendant respectfully requests that this Court void the pretrial diversion contract and provide any further relief deemed just and proper.
WHEREFORE, the Defendant prays this Honorable Court to:
*. Void the pretrial diversion contract due to duress, misrepresentation, and threats of imprisonment;
*. Grant any other relief the Court deems just and proper.
Respectfully submitted,
[Your Name]
[Your Address]
[City, State, Zip Code]
[Your Phone Number]
[Your Email Address]
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