A judge does not need a motion from the prosecutor to dismiss a charge that qualifies for a compliance dismissal.

• A. False
• B. True
• C. Only if there is no evidence
• D. Only if the defendant consents

Answer: (B)

The key idea is that a compliance dismissal is a court-ordered relief that becomes available when a defendant completes the terms of diversion or probation. The judge has the authority to dismiss the charge based on that compliance, without needing a motion from the prosecutor. This mechanism exists to reward rehabilitation and to bring the matter to a close after the defendant shows they’ve met the agreed conditions. The decision isn’t driven by the prosecutor’s filing, nor is it about evidence or the defendant’s consent—the trigger is successful compliance with the program terms. If the terms aren’t met, the dismissal isn’t granted and the case can proceed or be handled differently.