All courts having jurisdiction of criminal cases shall at all times have jurisdiction and control over informations and criminal cases pending therein and may, at any time, upon motion by the defendant, dismiss any information and order such defendant discharged if, in the opinion of the court, there is not sufficient evidence or cause to justify the bringing or continuing of such information or the placing of the person accused therein on trial.
(1949 Rev., S. 8769.)
Cited. 170 C. 337. In absence of statutory authority, court may not of its own motion dismiss a criminal prosecution unless there is fundamental legal defect in information or indictment or constitutional defect such as denial of speedy trial or illegality of arrest. 172 C. 608. Cited. 189 C. 42; 193 C. 474; Id., 602; 198 C. 435; 200 C. 440. Trial court did not abuse its discretion having properly found “cause” to dismiss with prejudice. Id., 453. Cited. 204 C. 187; 207 C. 374; 209 C. 225; 213 C. 708; 214 C. 657; 229 C. 716; 242 C. 409. Absent compliance with section, trial court did not have authority to dismiss pending misdemeanor charge because, in trial court's view, case was not sufficiently important to warrant time and expense of jury trial. 243 C. 690. Dismissal of an information may be predicated upon either insufficient evidence or insufficient cause, but only in the most compelling of circumstances. 305 C. 330.
Cited. 4 CA 520; 5 CA 347; 7 CA 46; 8 CA 607; 11 CA 224. Insufficient cause “prong” of statute is inappropriate basis for dismissal of information preceded by arrest warrant where no trial has yet been held. 19 CA 495. Cited. 20 CA 321; 21 CA 210; 24 CA 195; 29 CA 689; 40 CA 789; 45 CA 722.
Purpose and history of law. 13 CS 112. Cited. 21 CS 246. Resort to section is not proper method to raise issue of jurisdiction of court over person of defendant. 28 CS 512. Purpose of motion to dismiss is to prevent unchecked powers by prosecuting attorney. 29 CS 118. Insufficient evidence and insufficient cause grounds of section may not be raised through pretrial dismissal motion in case where defendant was arrested on warrant signed by a judge. 49 CS 248.
Motion to dismiss count having been previously granted, motion for directed verdict on that count was properly denied. 5 Conn. Cir. Ct. 78.
Structure Connecticut General Statutes
Chapter 960 - Information, Procedure and Bail
Section 54-45. - When grand jury is required. Selecting grand jury. Alternate grand jurors.
Section 54-45a. - Record of grand jury proceedings. Transcripts.
Section 54-46. - Prosecution on complaint or information.
Section 54-47. - Investigations into commission of crime.
Section 54-47a. - Compelling testimony of witness. Immunity from prosecution.
Section 54-47b. - Investigatory grand jury. Definitions.
Section 54-47c. - Application for investigation into commission of crime.
Section 54-47d. - Appointment of investigatory grand jury. Duration and scope of investigation.
Section 54-47e. - Sealing of order and application. Summary of scope of investigation. Disclosure.
Section 54-47f. - Conduct of investigation. Testimony of witnesses.
Section 54-47g. - Finding and record of investigation. Disclosure. Hearing. Access to testimony.
Section 54-47i. - Authority of investigation ordered prior to October 1, 1985.
Section 54-48. - Reward for arrest of capital offender or felon.
Section 54-50. - Reward for information as to unlawful disinterment of corpse.
Section 54-51. - Reward for information as to theft of motor vehicle, livestock or poultry.
Section 54-52. - Determination of claims to reward.
Section 54-53. - Release by correctional officials.
Section 54-53a. - Detention of persons who have not made bail.
Section 54-56. - Dismissal of information by court.
Section 54-56a. (Formerly Sec. 54-2b). - Pleading by mail in certain motor vehicle cases.
Section 54-56b. - Right to dismissal or trial on nolle.
Section 54-56c. - Request for privileged trial status.
Section 54-56d. (Formerly Sec. 54-40). - Competency to stand trial.
Section 54-56e. (Formerly Sec. 54-76p). - Accelerated pretrial rehabilitation.
Section 54-56f. (Formerly Sec. 54-5). - Requirements of sureties of the peace.
Section 54-56g. - Pretrial alcohol education program.
Section 54-56i. - Pretrial drug education and community service program.
Section 54-56j. - Pretrial school violence prevention program.
Section 54-56k. - *(See end of section for amended version and effective date.) Pretrial account.
Section 54-56m. - Mediation programs.
Section 54-56o. - Nolle prosequi in certain family violence cases.
Section 54-57. - Joinder of offenses of the same character.
Section 54-58. - Description of money in complaint or information.
Section 54-60. - Allegations in criminal cases.
Section 54-61. - Complaints for offenses specified in special acts, ordinances and bylaws.
Section 54-62. - Allegation of previous conviction.
Section 54-63. - Mode of informing against larceny by embezzlement.
Section 54-63a. - Definitions.
Section 54-63e. - Bond or promise conditioned on appearance.
Section 54-63f. - Release after conviction and pending sentence or appeal.
Section 54-63g. - Appeal from court order re release.
Section 54-64. - Police officials and clerks of court to take promise to appear or bond.
Section 54-64a. - Release by judicial authority.
Section 54-64b. - Release following arrest on court warrant.
Section 54-64c. - Notice of appearance after release.
Section 54-64d. - Release of person taken into custody on a capias.
Section 54-64g. - Surveillance of serious felony offenders released on bond.
Section 54-65b. - Verification of rearrest warrant or capias upon request.
Section 54-65c. - Vacating forfeiture of bond.
Section 54-67. - When attorneys not allowed to give bonds.
Section 54-68. - Persons charged with gaming to give bonds.
Section 54-69. - Motion of parties to modify conditions of release.
Section 54-69b. - Authority of court to modify conditions of release.
Section 54-70. - Compromise of forfeited bonds.
Section 54-71. - Mistake in form of recognizance.
Section 54-71a. - No civil liability for release.
Section 54-72. - Fines and forfeitures; prosecutions; liability of corporation.
Section 54-73. - Collection and disposition of forfeitures.
Section 54-74. - Remission of fine.