What Happens When the Prosecutor Moves to Dismiss a Case?
If the prosecutor request the judge or judicial magistrate to dismiss a case because the prosecutor believes there is not sufficient probable cause to support the charges, along with the reasons, and the court denies the motion, then the prosecutor may continue the prosecution. This concept not only presents an ethical problem in that the judge is now encouraging a wrongful prosecution and is stepping outside of its role as a neutral fact finder.
Errol Cook, Esq.
(562) 209-1114
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