TITLE 19

CRIMINAL PROCEDURE

CHAPTER 35

DISMISSAL OF ACTION

19-3501.  When action may be dismissed. The court, unless good cause to the contrary is shown, must order the prosecution or indictment to be dismissed, in the following cases:

(1)  When a person has been held to answer for a public offense, if an indictment or information is not found against him and filed with the court within six (6) months from the date of his arrest.

(2)  If a defendant, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the information is filed with the court.

(3)  If a defendant, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the defendant was arraigned before the court in which the indictment is found.

(4)  If a defendant, charged with a misdemeanor offense, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the defendant enters a plea of not guilty with the court.

(5)  If a defendant, charged with both a felony or multiple felonies and a misdemeanor or multiple misdemeanors together in the same action or charging document, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the information is filed with the court.

(6)  If a defendant, charged with both a felony or multiple felonies and a misdemeanor or multiple misdemeanors together in the same action or charging document, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the defendant was arraigned before the court in which the indictment is found.

History:

[(19-3501) Cr. Prac. 1864, secs. 580, 581, p. 284; R.S., R.C., & C.L., sec. 8212; C.S., sec. 9176; I.C.A., sec. 19-3401; am. 1980, ch. 102, sec. 1, p. 226; am. 1984, ch. 51, sec. 1, p. 92; am. 2001, ch. 23, sec. 1, p. 29; am. 2004, ch. 305, sec. 1, p. 855.]