Also known as: withdraws · withdrew · withdrawn · withdrawing · withdrawal · withdrawals
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
Renunciation of a criminal purpose after the defendant has performed an overt act toward commission of the offense. The act supplies no defense to attempt or conspiracy once the crime is complete under the majority common law rule.
Renunciation of a criminal purpose after the defendant has performed an overt act toward commission of the offense. The act supplies no defense to attempt or conspiracy once the crime is complete under the majority common law rule.
Select any source to read its text and confirm it supports the definition.
Retraction of a guilty plea or nolo contendere plea together with related statements made during plea proceedings or discussions. Such evidence is inadmissible against the defendant in later civil or criminal cases.
Select any source to read its text and confirm it supports the definition.
Removal of funds from a client trust account only as fees are earned. The same concept extends to a member's or partner's dissociation from a limited liability company or partnership by express will and to withdrawal of consent to adoption before entry of the decree.
Select any source to read its text and confirm it supports the definition.
Retraction of a guilty plea or nolo contendere plea together with related statements made during plea proceedings or discussions. Such evidence is inadmissible against the defendant in later civil or criminal cases.
Removal of funds from a client trust account only as fees are earned. The same concept extends to a member's or partner's dissociation from a limited liability company or partnership by express will and to withdrawal of consent to adoption before entry of the decree.
Each sense below has its own examples, sources, and questions.
Wesley Wells purchased bomb-making materials and assembled a device outside the target building. When police arrived he claimed he had changed his mind moments earlier. The court rejected the withdrawal claim because the overt act had already occurred.
Under the majority common law rule, withdrawal supplies no defense to attempt once the defendant has performed an overt act. The same rule bars withdrawal as a defense to conspiracy once the agreement is formed and any required overt act occurs.
Supporting sources
Wanda Weaver entered a guilty plea in open court to document fraud charges but later withdrew it after a factual dispute. In a subsequent civil wage suit brought by former employees, the court excluded both the plea and her in-court admissions under the evidence rule.
Evidence of a withdrawn guilty plea and statements made during the plea proceeding or discussions is inadmissible against the defendant in later civil or criminal cases.
Supporting sources
Windham Technologies paid Willow West a $25,000 retainer for regulatory work. West deposited the sum in her client trust account and withdrew portions only after completing each phase of the engagement.
Winston Ward's former partner signed a pre-birth consent to adoption of their child. After the decree was entered she sought to withdraw the consent. The court denied the request because withdrawal is unavailable once the decree becomes final.
Walker Valley Produce notified its members that Wendy Wu wished to leave the company. The operating agreement treated the notice as effective dissociation, ending Wu's membership rights and obligations from the date the company received the notice.
Watershed Pharmaceuticals received written notice from partner Willow Walker that she was withdrawing from the firm. The partnership treated the notice as effective dissociation under the uniform act, reallocating her interest among the remaining partners.
A lawyer must keep advance fees in a client trust account and may withdraw them only as the fees are earned or expenses are incurred. Premature withdrawal violates the duty to segregate client funds.
Supporting sources
Consent to adoption cannot be withdrawn once the adoption decree is entered. Before entry, withdrawal may be permitted only if it serves the child's best interest after notice and hearing.
Supporting sources
A member may dissociate at any time by giving notice of express will to withdraw. The dissociation is effective on the date the company receives notice unless a later date is specified.
Supporting sources
A partner may dissociate at any time by express will. The dissociation ends the partner's authority and may trigger buyout or dissolution depending on whether the withdrawal is rightful or wrongful.
Supporting sources
…good medical practice requires only that the physician or other professional personnel withdraw from the case so long as the withdrawal is consistent with good medical practice." Proceedings of the AMA House of Delegates 220 (June 1970). [^maj-39]: "The Principles of Medical Ethics of the AMA do not prohibit a physician…