X. GENERAL PROVISIONS

217

Rule 48: Dismissal.

(a) By the State. With the court’s permission, the state may terminate a prosecution by filing a dismissal of an indictment, presentment, information, or complaint. A dismissal may not be filed during the trial without the defendant’s consent.

(b) By the Court for Unnecessary Delay. The court may dismiss an indictment, presentment, information, or complaint if unnecessary delay occurs in:

(1) presenting to a grand jury a charge against a defendant who has been held to answer to the trial court; or

(2) bringing a defendant to trial.

Back to Top