When a pending case is scheduled for trail, the district attorney may not be ready on the day the trial is scheduled to begin. There are a number of reasons why the prosecution may not be ready. For instance, the prosecutor may have not yet converted the accusatory instrument into one that can be used at trial or a witness could have failed to appear.
Regardless of the reason for the lack of readiness, the trail court cannot dismiss for failure to prosecute or “in the interest of justice” or for calendar control purposes. The only way the court may dismiss the action is if the statutory speedy trial time has elapsed. In fact, the court cannot grant a trial order of dismissal; even if the prosecution presents no evidence at all. Such an order can only come at the very end of the Prosecution’s case and must be submitted by the defense.
However, the judge may deny the prosecution’s request for an adjournment and order the prosecution to proceed with jury selection. Alternatively, the court could grant to prosecutor’s request for an adjournment and it is possible the criminal case may be adjourned to a date after the speedy trial time will have elapsed, and at that time the case will be dismissed if the prosecutor is not ready to proceed.