#Grounds for a motion to dismiss how to
#Grounds for a motion to dismiss trial
#Grounds for a motion to dismiss free

If you need to fight criminal charges, you want someone who can obtain dismissals, acquittals, and minimal penalties for various offenses. If there wasn’t enough evidence to prove all the elements beyond a reasonable doubt, the charge should be dismissed. You don’t have the burden to prove you’re innocent.Įvery crime has different elements – specific acts, knowledge, or motivations – that must be proven for a conviction.

The prosecution must prove, beyond a reasonable doubt, you committed the crime. Motion To Dismiss Due to Insufficient Evidenceĭuring the trial, after the prosecution presents its case, the defense may ask the judge to dismiss the charges because the evidence, as far as the law is concerned, is not enough to justify a conviction. If that doesn’t happen and you’re not at fault for the delay, another motion would result in the charge’s dismissal.

#Grounds for a motion to dismiss trial

Any defendant can demand a trial at least 60 days after their arrest.Ī court needs to look into the issue, and if no justifiable reasons as spelled out in the rules are found, a judge will order you to be brought to trial within 10 days. Under Florida court rules, if you’re charged with a misdemeanor, your trial must start within 90 days of your arrest and 175 days if you’re accused of a felony. Motion To Dismiss for Violation of Speedy Trial Sexual battery, if the victim is younger than 18 and the crime was committed on or after July 1, 2020įor other cases, the statute of limitations can be from one to ten years.Lying under oath in a capital felony case.Felonies that can be punishable by life in prison.Crimes that have no time limit to file charges include: If the time between the alleged crime and filing the charges is too late, they should be dismissed. The prosecution has a time limit to file charges – or a statute of limitations – for most crimes. Motion To Dismiss Due to the Statute of Limitations The judge decides if your actions were criminal or not. Since there are no additional material facts that must be determined, there’s no need for a trial. Sometimes both the defendant and the prosecution agree on what happened. Motion To Dismiss on Factual Grounds (C4 Motion) Florida’s Stand Your Ground law allows us to file a motion for a pre-trial determination that you should be immune from prosecution. Self-defense, or the justifiable use of force, may result in charges being dismissed if you reasonably believed your conduct was necessary to defend yourself against the other person’s imminent use of unlawful force against you or another person. Essentially, this means you don’t deny the act happened, but your acts were legally justified. If you’re accused of a violent act, self-defense is a potential affirmative defense. Whether the police or prosecutor mishandled your caseġ.

If the judge agrees, it might lead to a charge’s dismissal by the judge or make the prosecutor’s ability to carry their burden of proof so limited the charges may be withdrawn. Motions Can Steer a Case & Possibly Put an End To YoursĪ defense attorney could file a motion – a request for the judge to decide an issue – before, during, or after a trial.

#Grounds for a motion to dismiss free

at (813) 258-4800, for a free and confidential consultation. In Hillsborough County, call Metcalf Falls, Criminal Defense Attorneys, P.C. Your defense attorney can review the details and whether a defense motion can help you. If you’re arrested or under investigation, it’s best to get a lawyer involved right away. This is true whether you’re charged with a DUI, drug possession, theft, or a serious felony. There are options and tools, like filing motions based on your situation, that defense attorneys use to improve their clients’ circumstances. Regardless of your offense, most criminal charges follow the same procedures. They only know they are dealing with possible jail time, fines, and conviction on their record.

#Grounds for a motion to dismiss how to

Most people have no idea how to deal with the court process and all the procedures involved. Facing criminal charges in Tampa or anywhere in Florida, for that matter, is confusing and scary.