Legal Question in Criminal Law in New York
Can a judge dismiss charges brought up in court if someone asks that they be dismissed?
Asked on 4/06/10, 1:02 pm
2 Answers from Attorneys
Joel Salinger
Law Office of Joel R. Salinger
Without the consent of the District Attorney's office, a judge can not except on certain grounds that must be legally based, dismiss a case with prejudice. The District Attorney would be free to refile charges and upon appeal the Judge's actions would be overturned.
Charges are brought by the People of the State of New York, not an individual. An individual makes a complaint that the District Attorney's office can bring charges based upon. Therefore an individual can not dismiss charges, only the People whom are represented by the DA.
Answered on 4/11/10, 1:50 pm
peter bark
bark & karpf
In theory, yes. A judge may dismiss a case in the futherence of justice even over the objection of the DA.
Answered on 4/11/10, 3:25 pm
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