Rule 19: Dismissals

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.