Washington Code 43.10.234 – Determination of prosecuting authority if defendant charged by attorney general and prosecuting attorney
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If both a prosecuting attorney and the attorney general file an information or indictment charging a defendant with substantially the same offense(s), the court shall, upon motion of either the prosecuting attorney or the attorney general:
Terms Used In Washington Code 43.10.234
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(1) Determine whose prosecution of the case will best promote the interests of justice and enter an order designating that person as the prosecuting authority in the case; and
(2) Enter an order dismissing the information or indictment filed by the person who was not designated the prosecuting authority.
[ 1981 c 335 § 3.]