(a)By the Prosecutor. The prosecuting attorney may, with leave of the court having jurisdiction, dismiss an indictment or any count thereof.(b)Unnecessary Delay. The court may dismiss an indictment or any count thereof, if unnecessary delay occurs in bringing a defendant to trial.(c)Effect of Dismissal. Dismissal of a prosecution shall be without prejudice to the commencement of another prosecution, unless the court orders that the interests of justice require that the dismissal be with prejudice.(d)Release of Defendant; Discharge of Bond. When a prosecution is dismissed, the defendant shall be released from custody, unless the defendant is in custody on some other charge, and any bail shall be released and held for naught and/or sureties discharged, or money deposited in lieu thereof shall be refunded.Comment
Rule 14.6(a) and (b) are derived from Federal Rule of Criminal Procedure 48. Rule 14.6(a) requires the prosecuting attorney to seek permission of the court to dismiss a prosecution, which is consistent with Mississippi Code Section 99-15-53. Rule 14.6(b) recognizes the court retains some discretion in determining what constitutes unnecessary delay.
Under Rule 14.6(c), the dismissal of a charge is without prejudice unless the court so specifies. See Conwill v. State, 94 So. 3d 1173, 1176 (Miss. Ct. App. 2011); Beckwith v. State, 615 So. 2d 1134, 1147 (Miss. 1992).