In what circumstances will a District Attorney be granted a peremptory order to dismiss an assault case?
California, United States of America
The following excerpt is from Partain v. Municipal Court, Los Angeles Judicial Dist., 215 Cal.App.2d 407, 30 Cal.Rptr. 300 (Cal. App. 1963):
In light of the declared legislative policy of this state, as discussed in People v. Sidener (1962) 58 Cal.2d 645, 25 Cal.Rptr. 697, 375 P.2d 641, we would not, at least on this showing, undertake to exercise our discretion in favor of a peremptory order to dismiss. We regard our function as being served, and the rights of such a petitioner as being protected, by proceedings which, if the district attorney does not elect to exercise his discretion of dismissal, require him to show cause why he should not take steps to bring the pending case on for an early trial.
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