United States District Court for the District of Columbia · 2024 · Federal Courts
Federal CourtsCriminal ProcedureRule 48(a) DismissalsRule 48(a)leave of courtdismissal without prejudiceprosecutorial harassmentmanifest public interest
Facts
The Government sought dismissal of the Superseding Indictment without prejudice. The defendant consented to the dismissal and did not oppose the motion. The court found no indication that the dismissal was part of a scheme of prosecutorial harassment or was otherwise improper. The Government stated that it sought dismissal pursuant to Department of Justice policy and precedent.
Issue
Whether the court should grant the Government leave under Rule 48(a) to dismiss the Superseding Indictment when the defendant does not object, and whether the dismissal should be without prejudice.
Rule
Before trial, the Government may dismiss an indictment with leave of court under Rule 48(a). The principal object of the leave-of-court requirement is narrowly understood to protect a defendant from prosecutorial harassment when the Government seeks dismissal over the defendant's objection. When the prosecutor moves to dismiss without prejudice, there is a strong presumption in favor of that course, which may be overridden only if dismissal without prejudice would result in harassment of the defendant or would otherwise be contrary to the manifest public interest.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In federal district court in Denver, prosecutors move before trial to dismiss an indictment against Elena Ruiz. Elena files a notice stating she does not oppose dismissal, and the government explains that internal charging policy has changed after review by supervisors. Nothing in the record suggests repeated filing and dismissal or any other improper motive.
How should the court most likely rule on the government's Rule 48(a) motion?
Explanation. Before trial, the government may dismiss an indictment with leave of court. Under the majority opinion, the principal object of the leave-of-court requirement is narrowly to protect defendants from prosecutorial harassment when dismissal is sought over the defendant's objection. Where the defendant does not object and the record reveals no harassment or other impropriety, there is no basis to deny leave. (Derived from United States v. Trump (n.d.).)