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  1. #1
    Join Date
    Apr 2010
    Posts
    11

    Lightbulb Can a Federal Court Judge Throw Out an Ongoing Case

    My question involves criminal law for the state of: Montana

    In cases such as United States vs So and So where its an on going case that has not yet gone to Trial, does the Federal Court Judge proceeding over the case have the authority to throw out the case if he feels it necessary? Or to tell the US prosecutor to throw it out? Like if a case the prosecutor thought was air tight when they filed charges becomes anything but, or if things became so convoluted that it became clear that a speedy trial would never happen, or if victims, witnesses become shady and uncoroperative or other states prosecutors became uncooperative and refuse to obey the Judge...
    Regardless of the reason, if a federal court judge feels it a good reason can he throw out a case or make the prosecutor throw it out? Is there a legal term for this? so I can educate myself on it?
    Thanks for the help (sorry if this is posted incorrectly, I had no idea in what category this should be)

  2. #2
    Join Date
    Sep 2010
    Posts
    6,646

    Default Re: Can a Federal Court Judge Throw Out an Ongoing Case

    Usually such decisions are made as part of a motion by the defense.
    Usually speedy trial arguments are made by compelling the prosecution/plaintiff to be ready to start the trial or dismiss.
    Motions to dismiss for lack of a case or summary judgements (in civil matters) can be acted upon on compelling evidence that there is no possibility of the other side prevailing.

    Do you have something specific in mind?

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