What is the test for dismissing a motion for dismissal in the "furtherance of justice"?
California, United States of America
The following excerpt is from People v. Sassounian, 182 Cal.App.3d 361, 226 Cal.Rptr. 880 (Cal. App. 1986):
"Any dismissal purporting to be in the 'furtherance of justice' must necessarily be based on a consideration, not only of defendant's interest, but of the interest of society in seeing that its laws are effectively implemented. (See People v. Orin (1975) 13 Cal.3d 937, 944-947, 120 Cal.Rptr. 65, 533 P.2d 193.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for dismissing a motion to dismiss a motion for summary dismissal? (California, United States of America)
Can a motion to dismiss an allegation under section F)(2 of the California Family Law Act be dismissed in furtherance of justice? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
Can a defendant bring a motion for dismissal in the furtherance of justice? (California, United States of America)
Can a motion to dismiss be dismissed on the grounds that the motion is invalid on other grounds? (California, United States of America)
What is the difference between a motion of dismissal and a motion to dismiss for violation of the speedy trial right? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
Is a motion to dismiss an action under section 1385 of the California Penal Code "in furtherance of justice" valid? (California, United States of America)
In what circumstances will the court dismiss a motion to dismiss the case on its own motion? (California, United States of America)
