Section 12.41 Dismissal or Nolle Prosequi

LibraryCriminal Practice 2012 Supp

2. (§12.41) Dismissal or Nolle Prosequi

A jointly charged defendant may be discharged to be a witness for the state. Rule 27.04; § 546.280, RSMo 2000; seeState v. Blevins, 427 S.W.2d 367 (Mo. 1968). A dismissal is discretionary with the prosecutor at any time. State v. Lawson, 630 S.W.2d 185 (Mo. App. E.D. 1982). The prosecution may also dismiss a case as a part of a plea bargain, to avoid dismissal by the court...

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