77-2-4.5. Dismissal by compromise -- Limitations.
(1) In misdemeanor cases the court may dismiss the case upon motion of the prosecutor if
it is compromised by the defendant and the injured party, except under Subsection (2). The
injured party shall first acknowledge the compromise before the court or in writing. The reasons
for the order shall be set forth and entered in the minutes. The order is a bar to another
prosecution for the same offense.
(2) A dismissal by compromise may not be granted when the misdemeanor is committed
by or upon a peace officer while in the performance of his duties, or riotously, or with intent to
commit a felony.
Enacted by Chapter 7, 1990 General Session
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Last revised: Wednesday, October 08, 2008