Can a judge refuse to prosecutor's request to dismiss charge?
Suppose the defendant, complainant and the county prosecutor are all present during the case trial
The prosecutor then says he wants to dismiss case against defendant.
Would the judge then ask defendant or complainant if they have any comments or something to say or it's all over right there?
Can judge still say "you may want to dismiss but I want to review the evidence complainant came with? "
- STEVEN FLv 74 weeks ago
The judge can't legally take sides. If the prosecutor doesn't wish to prosecute, anything other than dismissing the case is taking sides in a dispute that no longer exists.
- SlickterpLv 74 weeks ago
Well yes, they can refuse, which is why it's a REQUEST.
- ALv 74 weeks ago
A judge can say pretty much anything they want, most defense lawyers always ask the judge to dismiss and they never do
- Godless GazooLv 74 weeks ago
To a point, but the reality is that it is never done. If the prosecutor is saying they can't make a case then they probably can't. And there would be immediate and long term appeals if they would force it forward.