MS · rules
Miss. R. Crim. P. 14.6
Dismissal
(a) By the Prosecutor. The prosecuting attorney may, with leave of the court
having jurisdiction, dismiss an indictment or any count thereof.
(b) Unnecessary Delay. The court may dismiss an indictment or any count
thereof, if unnecessary delay occurs in bringing a defendant to trial.
(c) Effect of Dismissal. Dismissal of a prosecution shall be without prejudice
to the commencement of another prosecution, unless the court orders that the
interests of justice require that the dismissal be with prejudice.
(d) Release of Defendant; Discharge of Bond. When a prosecution is
dismissed, the defendant shall be released from custody, unless the defendant
is in custody on some other charge, and any bail shall be released and held for
naught and/or sureties discharged, or money deposited in lieu thereof shall be
refunded.
History
Comment: Rule 14.6(a) and (b) are derived from Federal Rule of Criminal Procedure 48. Rule 14.6(a) requires the prosecuting attorney to seek permission of the court to dismiss a prosecution, which is consistent with Mississippi Code Section 99-15-53. Rule 14.6(b) recognizes the court retains some discretion in determining what constitutes unnecessary delay. Under Rule 14.6(c), the dismissal of a charge is without prejudice unless the court so specifies. See Conwill v. State, 94 So. 3d 1173, 1176 (Miss. Ct. App. 2011); Beckwith v. State, 615 So. 2d 1134, 1147 (Miss. 1992).
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
726a0d64b1f4992aca3fb70b810b2e88924da399aa3d224f34652d6da378db10
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