Rule 48. Nolle prosequi and dismissal

(a) Nolle prosequi by prosecuting agency. The prosecuting agency may file a nolle prosequi in writing, or orally at the discretion of the Court. If a nolle prosequi is not reduced to writing, it must be reflected in a written record made by the Justice of the Peace accepting the nolle prosequi . Upon nolle prosequi of an information or complaint, the prosecution thereof shall terminate; however, in any case in which a plea of guilty or nolo contendere shall have been entered or a finding of guilt made, a nolle prosequi shall be filed and entered only by and with the consent of the Court.

(b) Dismissal by Court. If there is unnecessary delay in bringing to trial a person held to answer, the Court may dismiss all proceedings in that action and release the accused and vacate any appearance bonds.