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 based Upon Self Defense

A Motion to Dismiss alleging you lawfully defended yourself under Florida law.

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.