Rule 16.4. Dismissal of Prosecution

(a) On the State's Motion On the State's motion and for good cause, the court may order a prosecution dismissed without prejudice if it finds that the dismissal is not to avoid Rule 8 time limits.

(b) On a Defendant's Motion On a defendant's motion, the court must order a prosecution's dismissal if it finds that the indictment, information, or complaint is insufficient as a matter of law.

(c) Record If the court grants a motion to dismiss a prosecution, it must state on the record its reasons for ordering dismissal.

(d) Effect of Dismissal Dismissal of a prosecution is without prejudice to commencing another prosecution, unless the court finds that the interests of justice require that the dismissal to be with prejudice.

(e) Release of Defendant; Exoneration of Bond If a court dismisses a prosecution, the court must order the release of the defendant from custody, unless the defendant also is being held on another charge. It also must exonerate any appearance bond.

(v) Victims' Rights On the victim's request, the victim must have an opportunity to confer with the prosecutor before the prosecutor moves to dismiss under (a).