Statutes | Makah Tribal Law and Order Code Title 11 Chapter 9 ยง 11.9.02 | 2020
. "No-Drop" Policy: The Prosecutor shall maintain a "no-drop" prosecution policy, prohibiting victims of domestic violence from "dropping" criminal charges under this Title.
b. "Victimless" Prosecution: A victim of domestic violence shall be encouraged, but not required, to testify. When a victim is unwilling or unable to testify, the Prosecutor shall endeavor to proceed with a "victimless" prosecution, employing police witnesses, expert and other witnesses, written or recorded statements by the victim, photographs, 911 tapes, medical records, torn or bloodied clothing, ripped telephone cords, history of past abuse, and other evidence appropriate to the case.
c. Motion to Dismiss: When making a motion to dismiss a criminal charge under this Title, the Prosecutor shall state in writing the specific reasons for the dismissal.
d. Prohibited Dispositions: The Prosecutor shall not move to dismiss a criminal charge under this Title for the sole reason that the victim is uncooperative or unwilling to testify , unless no other means of prosecution exists. The Prosecutor shall not move to dismiss a criminal charge under this Title for the sole reason that a civil case has or will be filed or resolved. The Prosecutor shall not enter a plea agreement providing for a nolo contendere plea or for diversion, deferred prosecution, or deferred sentencing in a case charging a criminal offense under this Title.