Motion to dismiss in furtherance of justice

§ 315.2. Motion to dismiss in furtherance of justice. 1. A petition or
any part or count thereof may at any time be dismissed in furtherance of
justice when, even though there may be no basis for dismissal as a
matter of law, such dismissal is required as a matter of judicial
discretion by the existence of some compelling further consideration or
circumstances clearly demonstrating that a finding of delinquency or
continued proceedings would constitute or result in injustice. In
determining whether such compelling further consideration or
circumstances exist, the court shall, to the extent applicable, examine
and consider, individually and collectively, the following:

(a) the seriousness and circumstances of the crime;

(b) the extent of harm caused by the crime;

(c) any exceptionally serious misconduct of law enforcement personnel
in the investigation and arrest of the respondent or in the presentment
of the petition;

(d) the history, character and condition of the respondent;

(e) the needs and best interest of the respondent;

(f) the need for protection of the community; and

(g) any other relevant fact indicating that a finding would serve no
useful purpose.

2. An order dismissing a petition in the interest of justice may be
issued upon motion of the presentment agency, the court itself or of the
respondent. Upon issuing such an order, the court must set forth its
reasons therefor upon the record.

3. Such a motion brought by the presentment agency or the respondent
must be in writing and may be filed at any time subsequent to the filing
of the petition. Notice of the motion shall be served upon the opposing
party not less than eight days prior to the return date of the motion.
Answering affidavits shall be served at least two days prior to the
return date of such motion.