# Justice Manual § 9-2.040: Dismissal of Complaints

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-2.040

## Section

- **Citation:** Justice Manual § 9-2.040
- **Heading:** Dismissal of Complaints
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-2.000 - Authority Of The U.S. Attorney In Criminal Division Matters/Prior Approvals / Justice Manual § 9-2.040

## Text

The United States Attorney may dismiss a criminal complaint without prior authorization from the Criminal Division except in the instances enumerated in
JM 9-2.145
. However, Rule 48(a), Fed. R. Crim. P., requires leave of court for dismissal of a complaint, as discussed
infra
. See also
JM 9-27.000
(Principles of Federal Prosecution).

If the person charged in a complaint has been bound over for grand jury action, the complaint may be dismissed by the United States Attorney only by leave of court. A court may confer on the United States attorney a blanket authorization to dismiss complaints. If such authorization has not been given, leave of court to dismiss the complaint must be obtained in each particular case.

Whether leave of court is required to dismiss a complaint prior to the defendant being bound over for grand jury action has not been judicially settled. The United States Attorney must be governed by the interpretation of Fed. R. Crim. P. 48(a) given by the court in his district. The view that leave of court is not required to dismiss a complaint prior to the person charged being bound over is supported by the control over complaints given to judicial officers in Rules 4 and 5, Fed. R. Crim. P. Under those rules, a judicial officer may issue a warrant, may discharge a defendant, and may cancel an unexecuted warrant of arrest. It would seem, therefore, that the judicial officer can exercise a like control over a complaint prior to his decision to bind over the defendant and that leave of the court is not required.

## Nearby sections

- [Justice Manual § 9-2.001 Introduction](https://www.frixlaw.com/law-library/statutes/JM_S9-2.001.md)
- [Justice Manual § 9-2.010 Investigations](https://www.frixlaw.com/law-library/statutes/JM_S9-2.010.md)
- [Justice Manual § 9-2.020 Declining Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-2.020.md)
- [Justice Manual § 9-2.021 Armed Forces Enlistment as an Alternative to Federal Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-2.021.md)
- [Justice Manual § 9-2.022 Pretrial Diversion as an Alternative to Federal Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-2.022.md)
- [Justice Manual § 9-2.030 Authorizing Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-2.030.md)
- [Justice Manual § 9-2.031 Dual and Successive Prosecution Policy ("Petite Policy")](https://www.frixlaw.com/law-library/statutes/JM_S9-2.031.md)
- [Justice Manual § 9-2.032 Notification to the Criminal Division of Certain Prosecutions of Attorneys](https://www.frixlaw.com/law-library/statutes/JM_S9-2.032.md)
- [Justice Manual § 9-2.040 Dismissal of Complaints](https://www.frixlaw.com/law-library/statutes/JM_S9-2.040.md)
- [Justice Manual § 9-2.041 Cancellation of Unexecuted Arrest Warrants](https://www.frixlaw.com/law-library/statutes/JM_S9-2.041.md)
- [Justice Manual § 9-2.050 Dismissal of Indictments and Informations](https://www.frixlaw.com/law-library/statutes/JM_S9-2.050.md)
- [Justice Manual § 9-2.060 Appeals, Mandamus, Stays, Rehearing, Certiorari](https://www.frixlaw.com/law-library/statutes/JM_S9-2.060.md)
- [Justice Manual § 9-2.100 Limitations on United States Attorneys](https://www.frixlaw.com/law-library/statutes/JM_S9-2.100.md)
- [Justice Manual § 9-2.101 American Bar Association Standards for Criminal Justice](https://www.frixlaw.com/law-library/statutes/JM_S9-2.101.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-2.040. Check the current official text before relying on it. Not legal advice.