19.1	Prior to trial the dismissal of a complaint or notice to appear shall be at the sole discretion of the prosecutor unless the Court finds: that the complaint fails to allege a criminal offense; or the dismissal is otherwise permitted by ordinance, statute, common law, or constitution as a sanction for pre-trial delay or serious misconduct attributable to the prosecution prejudicing the defendant's right to a fair and speedy trial; or such dismissal is the result of the prosecutor's failure or inability to proceed on the scheduled day of trial, and in the discretion of the court, such failure or inability to proceed is not excusable.
19.2	Dismissals prior to the commencement of trial are generally deemed to be dismissals without prejudice, allowing leave to the prosecution to refile the matter within the applicable time standards relating to the statute of limitations and speedy trial.
19.3	The Court should not dismiss a case with prejudice unless jeopardy has attached by the commencement of trial and where required by law or where the totality of the facts and circumstances giving rise to such dismissal make such a drastic remedy or sanction appropriate due to prosecution or police misconduct so gross as to irretrievably violate the substantial rights of the defendant.

Printer Friendly Version Related to Rules of the Municipal Court Main Rule 01: Prefatory Rule Rule 02: Definitions Rule 03: Court Hours Rule 04: Presiding or Administrative Judge Rule 05: Judges Pro Tempore Rule 06: Appearance Bonds Rule 07: Procedures Involving Notices to Appear Rule 08: Counsel Rule 09: Daily Docket - Sessions Rule 10: General Rules of Court Decorum and Safety Rule 11: Court Appearances - Failure to Appear Rule 12: General Practice and Procedure Rule 13: Diversions and Deferred Judgment Practice Rule 14: Discovery Rule 15: Motion Practice Rule 17: Docket Call, Arraignment, and Trial Practice Rule 18: Continuances Rule 19: Dismissals Rule 20: Costs, Fees and Conditions of Release After Sentence Rule 21: Post-Trial Matters Rule 22: Appeals Rule 23: Expungement Rule 24: Administrative Traffic Court Rule 25: Impound Hearings and Civil Rights Administrative Hearings Rule 26: Publication of Rules