Pursuant to CrR 8.3(a), a Washington trial court may dismiss an indictment, information, or complaint upon motion of the prosecutor. Pursuant to CrR 8.3(b), the court may dismiss a prosecution because of governmental misconduct or arbitrary action if the defendant’s rights have been prejudiced, materially affecting his right to a fair trial. Pursuant to CrR 8.3(c), the court must dismiss without prejudice if the court grants a defendant’s motion for pretrial dismissal because of insufficient evidence. A Washington appeals court recently considered whether a trial court could dismiss a criminal case with prejudice when the state had moved for dismissal without prejudice pursuant to CrR 8.3(a).
According to the opinion, a juvenile defendant, identified by the appeals court as “WH” was charged with third degree malicious mischief, first degree animal cruelty, and second degree assault by strangulation, and harassment – threats to kill, arising from an incident involving his girlfriend, identified as “KM.” He made a preliminary appearance in juvenile court. The state added charges for attempted second degree murder and, alternatively, second degree attempted felony murder and transferred the case to adult court.
The state subsequently asked to return the case to juvenile court with the attempted murder charges dismissed. The juvenile was arraigned again under the original case number and pleaded not guilty in juvenile court.