Motion to Dismiss
Contrary to popular belief, motions to dismiss are infrequently granted in criminal cases. The reason is that unlike in a civil case, a prosecutor only needs to satisfy a probable cause standard in order to present their case to a jury.
Also, even if every witness the State lists is a known liar, the credibility of the witness cannot be challenged through a motion to dismiss, but must be decided by a jury.
Nevertheless, there are three common grounds upon which a Motion to Dismiss can be filed.
- Motion to Dismiss on Factual Grounds
- A factual Motion to Dismiss alleges that the undisputed facts being alleged against you do not support a crime under Florida law.
- Motion to Dismiss for Violation of the Statute of Limitations
- A Motion to Dismiss for Violation of the Statute of Limitations alleges that too much time has passed between the commission of the alleged crime and the current prosecution.
- Motion to Dismiss for Violation of Speedy Trial
- The final basis is a Motion to Dismiss for violation of the Speedy Trial Rule and can be filed when the State has failed to bring you to trial within a specific period of time with no fault of the delay being attributable to you.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with a crime in Florida, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.