Can a defendant ask a magistrate or judge to dismiss a sexual assault complaint in furtherance of justice?
California, United States of America
The following excerpt is from People v. Tribble, F062302 (Cal. App. 2012):
2. Section 1385 provides for the magistrate or judge to exercise his or her authority to dismiss a complaint in furtherance of justice, on his or her own motion or upon the application of the prosecuting attorney. ( 1385, subd. (a).) However, under settled case law, a defendant may informally suggest that the magistrate or judge consider dismissal on the magistrate or judge's own motion. (Polanski v. Superior Court (2009) 180 Cal.App.4th 507, 527.)
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