Because some statutes create a mandatory judicial duty to dismiss cases in certain instances, judges are allowed to dismiss without a prosecutor motion.

Because some statutes create a mandatory judicial duty to dismiss cases in certain instances, judges are allowed to dismiss without a prosecutor motion.

• A. True
• B. False
• C. Only with a guilty plea
• D. Only with the prosecutor's consent

Answer: (A)

Some statutes give the court a duty to dismiss case when particular conditions exist, making dismissal mandatory rather than optional. When the law says the case must be dismissed—for example, because the charging document is defective, there is no offense charged, or a time limit has expired—the judge must dismiss even without a prosecutor filing a motion. This means a judge can and sometimes must dismiss without the prosecutor’s involvement. The statement is true because the statutory requirement, not the prosecutor’s motion, governs those dismissals. The other possibilities—dismissing only with a guilty plea or only with the prosecutor’s consent—don’t apply in these mandatory scenarios, where the court acts on its own as directed by the statute.

Some statutes give the court a duty to dismiss case when particular conditions exist, making dismissal mandatory rather than optional. When the law says the case must be dismissed—for example, because the charging document is defective, there is no offense charged, or a time limit has expired—the judge must dismiss even without a prosecutor filing a motion. This means a judge can and sometimes must dismiss without the prosecutor’s involvement. The statement is true because the statutory requirement, not the prosecutor’s motion, governs those dismissals. The other possibilities—dismissing only with a guilty plea or only with the prosecutor’s consent—don’t apply in these mandatory scenarios, where the court acts on its own as directed by the statute.