Can a Judge Dismiss My Case “In the Interest of Justice” in California?
If you're facing criminal charges in California, you may be surprised to learn that judges can dismiss charges—even over the prosecutor’s objection—when doing so is “in the interest of justice.” This extraordinary power comes from Penal Code § 1385 and has been reaffirmed by decades of case law.
But how does it work? Can the defense file a motion to dismiss? And what kinds of reasons qualify as being “in the interest of justice”?
This blog explores the answers to those questions.
What Is Penal Code § 1385?
Penal Code § 1385 allows a California judge to dismiss a criminal charge at any time before, during, or after trial—even after a guilty verdict—if the court finds that dismissal would serve the interest of justice.
“The court may, either on its own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed.”
— Cal. Penal Code § 1385(a)
The court’s power to dismiss applies to:
Entire cases,
Specific counts within a complaint or information,
Sentencing enhancements.
Who Can Ask for a 1385 Dismissal?
Only the court or the prosecutor may formally bring a motion under Penal Code § 1385.
However, a defense attorney can "invite" the court to exercise this power. This is known as an "invitation to dismiss." Although the defense cannot file a formal motion under the statute, the court must consider the invitation, and has the discretion to act on it.
The California Supreme Court recognized this principle in Rockwell v. Superior Court:
“A defendant has the right to invite the court to exercise its power… and the court must consider evidence offered by the defendant in support of his assertion that the dismissal would be in furtherance of justice.”
— Rockwell v. Superior Court (1976) 18 Cal.3d 420, 441
This provides a powerful opportunity for the defense to challenge legally or factually unsupported charges, or to bring compelling equitable arguments to the court’s attention.
What Standard Does the Judge Use?
Courts apply a broad standard but must articulate reasonable and specific justifications on the record.
In People v. Orabuena:
“A court may properly exercise its discretion under section 1385 to dismiss a charge in the furtherance of justice at any time before, during, and after trial.”
— (2004) 116 Cal.App.4th 84, 97
And in People v. Bonnetta:
“The court, for the purposes of the order of dismissal, takes charge of the prosecution, and acts for the people.”
— (2009) 46 Cal.4th 143, 149
The only limits are:
The judge must state reasons on the record;
The dismissal may not be based on a defect that would justify a demurrer (e.g., purely legal insufficiency on its face). A demurrer is a challenge to the Complaint itself for, for example, having different types of charges in the same Complaint or untimely charges. An attorney can help you figure out whether a Section 1385 motion is a good option.
Ultimately, the court’s decision must reflect “a reason which can be said to be that which would motivate a reasonable judge.” (People v. Curtiss (1970) 4 Cal.App.3d 123, 126)
Examples of When Judges Might Dismiss Charges
There are lots of reasons why a case may be unjust, which leaves lots of room for your attorney to make arguments. Judicial dismissals under § 1385 are most often used when:
Evidence is lacking for one or more counts;
The charge does not match the facts (e.g., a statute was misapplied);
There’s been overcharging or duplicative allegations;
Continued prosecution would result in manifest injustice;
The case would unduly prejudice the defendant or waste judicial resources.
In People v. Orin (1975) 13 Cal.3d 937, the court explained:
“Dismissal may be justified after weighing many factors, including the strength of the evidence, the nature of the charges, and the defendant’s culpability.”
Recent decisions, such as Wheeler v. Appellate Division (2024) 15 Cal.5th 1193, have reaffirmed that a defendant’s lack of culpability and the absence of probable cause are proper considerations for dismissal.
Why This Matters in Misdemeanor Cases
In misdemeanor cases, defendants do not have the same rights to pretrial review of the sufficiency of the charges as in felony cases (e.g., no preliminary hearing). As a result, they may face trial on charges that are not legally viable, forcing them to endure the stress and prejudice of proceedings for counts that may never hold up.
Judicial dismissal under Penal Code § 1385 becomes one of the only early remedies to challenge unsupported counts in a misdemeanor complaint.
Bottom Line: A Powerful Judicial Check
Even when prosecutors insist on pressing forward, California law ensures that judges have an independent duty to safeguard justice. Penal Code § 1385 is a powerful tool—used sparingly and thoughtfully—to dismiss charges that do not serve justice.
Although the defense cannot directly move under § 1385, they can invite the court to act. And when the legal or factual basis for certain charges is absent, a trial court not only may, but should, exercise its power to dismiss.
“When the balance falls clearly in favor of the defendant, a trial court not only may but should exercise the powers granted to him by the Legislature.”
— People v. Carmony (2004) 33 Cal.4th 367, 375
Couzens Criminal Defense | Roseville, CA
If you believe one or more charges against you are unsupported or unjust, we can help you raise a formal invitation for judicial dismissal and fight to protect your rights.
📞 Call us today at (916) 603-2000
Serving Placer County, Sacramento, and surrounding areas
