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Rule 16.4. Dismissal of Prosecution

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: July 1, 2023

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
IV. Pretrial Procedures
Rule 16. Pretrial Motions and Hearings (Refs & Annos)
Effective: July 1, 2023
16A A.R.S. Rules Crim.Proc., Rule 16.4
Formerly cited as AZ ST RCRP Rule 16.6
Rule 16.4. Dismissal of Prosecution
(a) On the State's Motion. On the State's motion and for good cause, the court may order a prosecution dismissed without prejudice if it finds that the dismissal is not to avoid Rule 8 time limits.
(b) On a Defendant's Motion. On a defendant's motion, the court must order a prosecution's dismissal if it finds that the indictment, information, or complaint is insufficient as a matter of law.
(c) Record. If the court grants a motion to dismiss a prosecution, it must state on the record its reasons for ordering dismissal.
(d) Effect of Dismissal. Dismissal of a prosecution is without prejudice to commencing another prosecution, unless the court finds that the interests of justice require that the dismissal to be with prejudice.
(e) Release of Defendant; Exoneration of Bond. If a court dismisses a prosecution, the court must order the release of the defendant from custody, unless the defendant also is being held on another charge. It also must exonerate any appearance bond.
(v) Victims' Rights. On the victim's request, the victim must have an opportunity to confer with the prosecutor before the prosecutor moves to dismiss under (a).

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Dec. 8, 2022, effective July 1, 2023.
16A A. R. S. Rules Crim. Proc., Rule 16.4, AZ ST RCRP Rule 16.4
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
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