Can a court strike or dismiss an action in the furtherance of justice?

California, United States of America


The following excerpt is from People v. Santana, G054592 (Cal. App. 2018):

Section 1385, subdivision (a), generally gives courts the authority to dismiss an action in the furtherance of justice. "'"'[I]n furtherance of justice,' requires consideration both of the constitutional rights of the defendant, and the interests of society represented by the People, in determining whether there should be a dismissal. [Citation.]" [Citations.]'" (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 530.) "If the court has the authority pursuant to subdivision (a) to strike or dismiss an

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