What is the legal test for a motion to dismiss a criminal charge?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gonzalez, 58 F.3d 459 (9th Cir. 1995):

Separation-of-powers concerns generally require a district court to defer to the government's decision to seek a dismissal of a criminal charge because a denial of the motion would represent an intrusion upon prosecutorial prerogative. See United States v. Hayden, 860 F.2d 1483, 1487 (9th Cir.1988). The decision to dismiss an indictment implicates concerns that the Executive is uniquely suited to evaluate, and a district court should be reluctant to deny its request. Although the district judge in this case did not articulate the legal standard that she used to evaluate the government's motion, it is clear that she failed to grant sufficient deference to the prosecutor's proffered justifications for the motion and instead attempted to second-guess the decision of the United States Attorney. She did not apply the only standard that might have been appropriate in a case involving an uncontested motion: whether the motion was "clearly contrary to manifest public interest."

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