The decision to dismiss a pending criminal case can be made only by a prosecutor. If the prosecutor decides to file a motion to dismiss a case, the dismissal must be approved by a judge. Prosecutors make independent professional judgments, within the bounds of the operating policies of the DA’s Office, as to whether a case merits prosecution. The victim’s wishes do not dictate that decision, although they are a factor to consider. You should contact the prosecutor to whom your case has been assigned if you want to discuss your matter.
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