77-2-4.5 - Dismissal by compromise -- Limitations.
77-2-4.5. Dismissal by compromise -- Limitations.
(1) In misdemeanor cases the court may dismiss the case upon motion of the prosecutor ifit is compromised by the defendant and the injured party, except under Subsection (2). Theinjured party shall first acknowledge the compromise before the court or in writing. The reasonsfor the order shall be set forth and entered in the minutes. The order is a bar to anotherprosecution for the same offense.
(2) A dismissal by compromise may not be granted when the misdemeanor is committedby or upon a peace officer while in the performance of his duties, or riotously, or with intent tocommit a felony.
Enacted by Chapter 7, 1990 General Session