Dismissal in the Interest of Justice in California – Penal Code 1385 PC

What Does “Dismissal in the Interest of Justice” Mean?

In California, a judge has the authority to dismiss a criminal charge or strike a sentencing enhancement if doing so would be “in furtherance of justice.”

Dismissal in the Interest of Justice in California – Penal Code 1385 PC

This authority derives from Penal Code § 1385.

A dismissal in the interest of justice means the court determines that continuing prosecution or imposing additional punishment would be unfair, unnecessary, or contrary to the integrity of the legal system.

This is sometimes called a “PC 1385 dismissal.”

Your best hope for a favorable outcome is with an experienced criminal defense attorney at Eisner Gorin LLP.

To schedule a consultation, call (818) 781-1570 or contact us here.

What Does Penal Code 1385 Say?

Penal Code 1385 allows a judge to:

Dismiss a criminal action
Strike or dismiss a sentencing enhancement
Strike the additional punishment for an enhancement

The judge may act:

On their own motion, or
Upon request by the prosecutor

The court must state its reasons for dismissal on the record.

A dismissal cannot be based on a defect that a demurrer would normally address to the complaint.

Can a Defense Attorney File a Motion Under PC 1385?

No.

Only the prosecutor can formally file a motion under Penal Code 1385.

However, the defense attorney may invite the court to exercise its authority. This is typically done by presenting arguments, mitigation evidence, and equitable considerations showing that dismissal would serve justice.

Ultimately, the decision rests solely with the judge.

When Can Criminal Charges Be Dismissed?

Dismissal of Criminal Charges

A judge may dismiss an entire criminal charge before the defendant enters a plea if dismissal would serve justice.

The motion must occur before a guilty or no contest plea is entered.

When deciding whether to dismiss, a judge may consider factors such as:

The defendant's age
Health conditions
Criminal history
The seriousness of the offense
The likelihood of reoffending
Evidence weaknesses
Interests of fairness and judicial economy

Judges have broad discretion in deciding whether dismissal of charges is appropriate.

What Is a Sentencing Enhancement?

A sentencing enhancement is an additional penalty added to a base sentence due to aggravating factors, such as:

Enhancements can significantly increase prison exposure.

Can Enhancements Be Dismissed?

Dismissal of Sentencing Enhancements

Under Penal Code 1385, a judge may dismiss or strike a sentencing enhancement in the interest of justice.

Unlike dismissal of charges, a motion to strike an enhancement can occur even after sentencing.

As of January 2022, California law requires judges to dismiss enhancements if mitigating circumstances are present, unless dismissal would endanger public safety.

When Must Judges Dismiss Enhancements?

Judges are required to dismiss enhancements when one or more of the following mitigating factors apply:

The enhancement would result in a sentence exceeding 20 years
Mental illness was a contributing factor to the offense
The defendant experienced childhood trauma or prior victimization
The underlying offense is not a violent felony
The defendant was under 18 at the time of the offense
The prior conviction used for enhancement is over five years old
The firearm used was unloaded or inoperable
Multiple enhancements apply to a single offense (only one may remain)
The application of the enhancement would result in racial injustice

This change significantly expanded judicial discretion to reduce excessive sentences.

What Happens After a PC 1385 Dismissal?

If the court dismisses:

The charge is dropped entirely (if a full dismissal)
The additional punishment is removed (if an enhancement is stricken)

A dismissal under Penal Code 1385 does not automatically seal the record. Additional steps may be required for expungement or sealing.

Does the Judge Have to Grant the Motion?

No.

Even if both the prosecution and defense agree to dismissal, the judge must independently determine whether dismissal is in the interest of justice.

The court must articulate its reasoning on the record.

How Is PC 1385 Used in Plea Bargains?

Prosecutors frequently use Penal Code 1385 in plea negotiations.

For example, a prosecutor may agree to:

Dismiss certain charges
Strike enhancements
Reduce sentencing exposure

However, the judge retains final authority and must approve the dismissal.

Frequently Asked Questions

Is dismissal in the interest of justice the same as being found not guilty?

No. A dismissal under PC 1385 is not a trial acquittal. It is a judicial decision to terminate prosecution or reduce punishment.

Can a judge dismiss a felony under PC 1385?

Yes. Judges may dismiss felony charges if doing so serves justice and occurs before entry of plea.

Can enhancements be dismissed after sentencing?

Yes. Motions to strike enhancements can occur post-sentencing under Penal Code 1385.

Does a dismissal erase my record?

Not automatically. You may need to pursue expungement or record sealing.

Why This Law Matters

Penal Code 1385 serves as a safeguard against:

Excessive punishment
Overcharging
Disproportionate sentencing
Injustice caused by rigid sentencing laws

It provides judges with flexibility to ensure fairness in individual cases.

Role of an Experienced Criminal Defense Attorney

Although only prosecutors can formally move for dismissal under PC 1385, a skilled defense attorney can:

Present compelling mitigation evidence
Argue legal and equitable factors
Highlight statutory mitigation requirements
Persuade the court to strike enhancements
Negotiate strategic plea agreements

Strategic advocacy often determines whether a judge exercises discretion in your favor.

Speak With a Los Angeles Criminal Defense Attorney

If you are facing criminal charges or significant sentencing enhancements, Penal Code 1385 may provide an opportunity to reduce or dismiss your case.

Eisner Gorin LLP represents clients throughout Los Angeles County in complex felony and sentencing matters.

Call 818-781-1570 for a confidential case review.

Early legal strategy can dramatically impact sentencing exposure.

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