9.9Motion to Dismiss¹

No court rule or statute specifically addresses a motion to dismiss criminal charges. MCR 2.504 is the civil court rule governing dismissal of actions. Ordinarily a motion to dismiss is used to address issues such as double jeopardy or entrapment, where the remedy is dismissal of the case.

The trial court exceeds its authority when it dismisses the information against a defendant at a pretrial stage of the proceedings, People v Morrow, 214 Mich App 158, 165 (1995), because the prosecutor has exclusive authority to decide whom to prosecute. People v Williams (Anterio), 244 Mich App 249, 254 (2001). MCL 767.29 governs the prosecution’s practice of nolle prosequi, i.e., discontinuing or abandoning an indictment.

A trial court’s decision on a motion to dismiss is reviewed for an abuse of discretion. People v Stone, 269 Mich App 240, 242 (2005).