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Can a judge dismiss a felony charge on his own initiative? Or do one of the parties absolutely have to make a motion?

Bankruptcy and Debt 2 views 3 answers
The original judge in my case improperly allowed the state to amend the original complaint when it should have been dismissed. The felony case against me was always flimsy. Now recent IL supreme court caselaw clarifies that my actions are not criminal. I know that my attorney can file a motion to dismiss, and that that is the normal procedure to follow, but I want to know if the judge can just do this on his own initiative. I know that the judge reviewed my casefile recently and put a stick-em on that pages that show that he knows the amended complaint was wrong. I know I will win this case in the end, but I want to know after if the judge could have shortened it on his own?

Attorney Answers

3
Fred Joshua ·
In most cases, 99.99999%, a judge will not on his/her own dismiss charges against a Defendant. If what you are saying about the criminal conduct no longer being criminal is true, however, then the judge is likely to give the State's Attorneys a look -- and they will understand -- at which point they will make a motion to nolle pros or non-suit the charges.
0 upvotes
Mitchell Sexner ·
A judge is supposed to be impartial. That means he is supposed to rule on matters that are presented to him, and not to act on his own. The State is the party that brought the charges and that can ask leave of the court to dismiss them, but generally a judge will not act on their own.
0 upvotes
David Freidberg ·
A judge cannot dismiss a matter sua sponte (on his own motion). The same applies to reducing or changing a charge. The judge acts as a referee and determines the outcome of the game, so to speak. He cannot change the rules of the game. I'm not sure how you know what the judge did and did not do with your file, but you need to have your attorney take a closer look at this to determine whether or not a motion to dismiss is appropriate. It should not cost you extra money, if that is your concern. The majority of experienced criminal defense lawyers in this area do not charge hourly, so he/she should look into this for no extra charge.
0 upvotes

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