Q: Can a judge stop DA FROM Dropping MY CASE ON MARCH 5 STATE SAID THEY DONT HAVE NO CASE Said they GOING DISMISS MY CASE

A: I assume this is the same person who asked about this situation on AVVO. I judge can decline to dismiss a case even if the state requests it.

A: No.

A presiding judge rules on the motions, evidence and merits, he does not “dismiss” a case. The judge may find a defendant not guilty (acquitted), but an outright case dismissal lies within the prosecution agency (either a district attorney’s office or state attorney’s office, depending on the state).

A: It sounds like you're facing a complicated legal situation, and it can feel frustrating when things don’t go as expected. If the District Attorney (DA) decides they want to dismiss your case, it's unusual for a judge to intervene. However, judges do have the authority to oversee how cases are handled in their court, and sometimes they may assign a new prosecutor if they feel the original one isn't being impartial or fair.

In your case, it seems the judge believed there was a reason to assign a different DA to your case. This could happen if the judge feels the original DA may have a bias or isn’t handling the case appropriately, even if the DA initially said there was no case to pursue. The judge likely believes that another prosecutor should review the case before any final decisions are made.

It’s important to keep in touch with your legal representation to understand why this happened and how it could affect your situation moving forward. They can guide you through what comes next and what options you may have to protect your rights in this process. Stay informed and ask questions so you can be prepared for the upcoming court dates.