Dismissal

A dismissal in a criminal prosecution is a decision of a court, which has exercised its discretion prior to trial or before a verdict is reached, that terminates the proceedings against the defendant. The procedure by which dismissals in state and federal criminal actions are obtained are governed, respectively, by the state and federal rules of CRIMINAL PROCEDURE. In criminal prosecutions, delay often prejudices the defendant's rights because of the greater likelihood that evidence would be lost or memories or events would not be recalled easily. The possibility of dismissal ensures the prompt government prosecution of individuals accused of criminal activity.

The legal effect of a dismissal in a criminal prosecution is dependent upon the type that is granted by the court.

Dismissal with Prejudice A dismissal with prejudice bars the government from prosecuting the accused on the same charge at a later date. The defendant cannot subsequently be reindicted because of the constitutional guarantee against DOUBLE JEOPARDY. A dismissal with prejudice is made in response to a motion to the court by the defendant or by the court sua sponte.

Motion by a Defendant A defendant may make a motion to the court to have the charges against him or her—whether embodied in an indictment, information, or complaint—dismissed with prejudice because the delay has violated the individual's constitutional right to a SPEEDY TRIAL or there is no sufficient evidence to support the charges. In deciding whether a delay is unreasonable, the court evaluates the extent of the delay, the reasons for it, the prejudice to the defendant, and the defendant's contribution to the delay.

Sua Sponte Power of Court A court with jurisdiction to decide criminal matters can sua sponte dismiss a criminal prosecution with prejudice if the facts of the case clearly established that an accused has been deprived of his or her constitutional right to a speedy trial.

Dismissal without Prejudice A dismissal without prejudice that permits the reindictment or retrial of a defendant on the same charge at a subsequent date may be granted by a court acting sua sponte or after the prosecuting attorney has made a motion to do so. Only nonconstitutional grounds that do not adversely affect the rights of the defendant, such as the crowding of court calendars, might be sufficient to warrant the dismissal of a criminal action without prejudice.