Which statement is true about dismissal authority?

• A. Only a prosecutor can request a case be dismissed.
• B. The peace officer may request the dismissal.
• C. The clerk may dismiss a case unilaterally.
• D. The judge can dismiss without a request.

Answer: (A)

The key idea is who can formally end a case before trial. In this system, the authority to dismiss rests with the prosecutor, who represents the state. The prosecutor can file a motion to dismiss (often called a nol pros) when there’s not enough evidence, problems with the case, or other strategic reasons to stop prosecuting. This keeps the decision to drop charges within the proper prosecutorial process and ensures due process.

A peace officer doesn’t have unilateral power to dismiss; they conduct investigations and arrests and may advocate for dismissal through the proper channels, but they cannot end the case by themselves. A clerk isn’t authorized to dismiss a case on their own either; their role is administrative, recording actions ordered by the appropriate official. A judge can dismiss, but typically only in response to a proper motion or order—dismissal isn’t something a judge does on their own without a request in ordinary practice.