does the judge have to get a statement/opinion/anything from a prosecutor before dismissing a charge

[pyro22]

district of columbia, and this is just a quick question btw, im not actually having such irl experience

 

[Just Blue]

district of columbia, and this is just a quick question btw, im not actually having such irl experience

We don't do hypotheticals.

 

[quincy]

district of columbia, and this is just a quick question btw, im not actually having such irl experience

The judge potentially could dismiss a case if there were errors by the prosecutor that brought the case before the judge.

 

[pyro22]

The judge potentially could dismiss a case if there were errors by the prosecutor that brought the case before the judge.

yeah but does he need to like talk to the prosecutor before actually dismissing

 

[quincy]

yeah but does he need to like talk to the prosecutor before actually dismissing

The judge could say something to the prosecutor. He doesn't have to say anything directly to the prosecutor when giving his reason(s) for dismissal.

As Just Blue noted, we really don't discuss hypotheticals on this forum. They can veer off into too many directions. This forum is designed to help people with their real problems.

 

[Taxing Matters]

yeah but does he need to like talk to the prosecutor before actually dismissing

In almost every instance the judge may dismiss the case without first getting input from the prosecutor if the judge already has sufficient information to know that a dismissal is warranted. But the details of the particular case matter, of course.

 

[Litigator22]

yeah but does he need to like talk to the prosecutor before actually dismissing

Your apparent reluctance to accept as correct the negative answer received might suggest a preconceived notion that the trial court has no volition in such matters and must first obtain the concurrence of the state before dismissing criminal charges or directing a verdict of acquittal.

However, I suspect that it isn't a predisposition at all, but arises from a specific incident. Would you care to explain?