23A-44-2. (Rule 48(a)) Dismissal of charges by prosecution--Defendant's consent required during trial.
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/sd/title-23/chapter-23-44/23a-44-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A prosecuting attorney may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during a trial without the consent of the defendant.