Q: In what situations are violent crimes (assault, battery, etc.) "thrown out" even when the def. admits to doing it?
Can an assalt case be dismissed by the judge if the prosecutor started an argument and hit first?
A: Once a charge has been filed by law-enforcement, the only person with the legal right to throw out the charges or set the range of charges is the prosecution through the grand jury process. The judge has the ability to dismiss charges during a preliminary hearing or jury trial if they feel that enough evidence has not been presented. The prosecution reviews all charges made by the police and decides how to proceed. If there’s any change in the way of person is charged before trial, including dismissal, it will be up to the prosecutor.
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