Rule 8.3. Dismissal

(a) On Motion of Prosecution The court may, in its discretion, upon motion of the prosecuting authority setting forth the reasons therefor, dismiss a complaint or citation and notice.

(b) On Motion of Court The court, in the furtherance of justice after notice and hearing, may dismiss any criminal prosecution due to arbitrary action or governmental misconduct when there has been prejudice to the rights of the accused. In deciding whether to dismiss, the court shall consider the following factors in addition to any other information the court believes is relevant to the inquiry:

(1) the seriousness and circumstances of the offense;

(2) the impact of a dismissal or lack of dismissal on the safety or welfare of the community (the defendant is part of the community);

(3) the impact of a dismissal or lack of dismissal upon the confidence of the public in the criminal justice system;

(4) the degree and impact of the arbitrary action or governmental misconduct. The court shall set forth its reasons in a written order.

(c) On Motion of Defendant for Pretrial Dismissal The defendant may, prior to trial, move to dismiss a criminal charge due to insufficient evidence establishing a prima facie case of the crime charged.

(1) The defendant's motion shall be in writing and supported by an affidavit or declaration alleging that there are no material disputed facts and setting out the agreed facts, or by a stipulation to facts by both parties The stipulation, affidavit or declaration may attach and incorporate police reports, witness statements or other material to be considered by the court when deciding the motion to dismiss. Any attached reports shall be redacted if required under the relevant court rules and statutes.

(2) The prosecuting authority may submit affidavits or declarations in opposition to defendant’s supporting affidavits or declarations The affidavits or declarations may attach and incorporate police reports, witness statements or other material to be considered by the court when deciding defendant’s motion to dismiss. Any attached reports shall be redacted if required under the relevant court rules and statutes.

(3) The court shall grant the motion if there are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt In determining defendant’s motion, the court shall view all evidence in the light most favorable to the prosecuting authority and the court shall make all reasonable inferences in the light most favorable to the prosecuting authority. The court may not weigh conflicting statements and base its decision on the statement it finds the most credible. The court shall not dismiss a sentence enhancement or aggravating circumstance unless the underlying charge is subject to dismissal under this section. A decision denying a motion to dismiss under this rule is not subject to appeal under RALJ 2.2. A defendant may renew the motion to dismiss if the trial court subsequently rules that some or all of the prosecuting authority’s evidence is inadmissible.

(4) If the defendant’s motion to dismiss is granted, the court shall enter a written order setting forth the evidence relied upon and conclusions of law The granting of defendant's motion to dismiss shall be without prejudice.