(a)By attorney for state. – The attorney for the state may by leave of court file a dismissal of an indictment, information or complaint, and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant. (b)By court. – If there is unnecessary delay of more than one year in presenting the charge to a grand jury or in filing an information against a defendant who has been held to answer to the circuit court, the court shall, on its own motion, dismiss the indictment, information or complaint, without prejudice. If there is unnecessary delay in bringing a defendant to trial, the court may, upon proper motion, dismiss the indictment, information or complaint.
W.Va. R. Crim. P. 48
Effective October 1, 1981; amended effective January 1, 1993;September 1,1995.
