The decision to dismiss a pending a criminal case can be made only by a prosecutor. Prosecutors make independent professional judgments within the bounds of the policies of the District Attorney’s Office as to whether a case merits prosecution.
If the prosecutor decides to file a motion to dismiss a case, the dismissal must be approved by a judge. A victim’s wishes will be considered in the decision to file, try, or dismiss a prosecution. A victim's thoughts are always welcomed by the prosecutor assigned to a case.