Legal Question in Criminal Law in Washington

Re: Can a judge overrule Prosecution recomendations?

It would be highly unusual for a judge to not grant dismissal of a charge the prosecutor wanted to dismiss. The prosecution is, after all, the one whose duty it is to prove your guilt in court beyond a reasonable doubt. And so if they are saying that the charge should be dismissed, who else will prosecute you?

However, in an assault case like yours where there is a victim, under state law, the judge must ask the victim (if they are present in court) what they desire to have happen on your charge before dismissing it. If the victim disagrees with the prosecutor and wants the case to go forward, the judge may force the prosecuting attorney to keep prosecuting you.