![]() ![]() What Happens if You Win a Motion to Dismiss? A criminal defense attorney will know the proper procedure for filing a motion to dismiss and how to best argue for dismissal before the judge. But without a thorough understanding of the law, you might not know when you have a strong basis for a motion to dismiss or how to communicate that argument effectively in court. They’re entitled to know you’ll be asking for the case to be dismissed and to develop a counterargument.īecause the judge is going to listen to arguments from both sides, you should have an experienced lawyer. The prosecutor receives a copy of your motion and gets time to respond. A pretrial motion to dismiss is usually made in writing, and you’ll attend a hearing on the matter. The exact procedure for filing a motion to dismiss depends on state and court rules. Your Lawyer Will Need to Argue the Motion Your lawyer will scrutinize everything that’s happened in your case, from the initial investigation and arrest until now, to determine if the police or prosecutor violated due process. Due Process Violationĭue process isn’t just one thing – it’s numerous rights and procedures that ensure the law is applied fairly to everyone accused of a crime. If your lawyer discovers the prosecutor has behaved unethically to gain evidence against you or to sway the judge or jury in their favor, you can file a motion to dismiss. Prosecutors must abide by many ethical standards. If the attorney is trying to prosecute you for a crime that you already defeated, or for a similar crime arising from circumstances you also faced charges for, you can argue the prosecutor is violating the rule against double jeopardy. You can’t be prosecuted for the same crime twice. If the government caused unreasonable and excess delays in your case, you could argue it violated your Constitutional rights and ask for the judge to dismiss the case. The Constitution grants you the right to a speedy trial. You might argue that the prosecutor brought charges after the statute of limitations for the offense ran out. If the police unlawfully stopped, detained, or searched you or your private property, this may be a basis for a judge to rule certain evidence is inadmissible or to throw out your case entirely. Constitution protects you from unreasonable searches and seizures. If you were arrested based on little-to-no facts that you were involved in a crime, your lawyer would argue the police lacked probable cause and violated your rights by arresting you. Either an officer has probable cause based on the circumstances, or they explain their cause to a judge who signs an arrest warrant. The police must have probable cause to arrest you. You’ll argue it’s obvious the prosecution doesn’t have enough evidence to prove each element of the offense beyond a reasonable doubt. Your lawyer might file a motion to dismiss because the prosecutor clearly lacks evidence to meet their burden of proof. They must support the motion with a strong argument, whether they base the argument on a substantive issue, like a lack of evidence, or a procedural issue, like a violation of your due process.Ĭommon reasons to file a motion to dismiss are: Insufficient Evidence Your lawyer needs to have a good reason to file a motion to dismiss. ![]() When a Lawyer Will File a Motion to Dismiss It specifically describes the procedure if you argue that the charges weren’t filed in a reasonable time or the charges violate double jeopardy. Code §587) controls motions to dismiss in Pennsylvania. The prosecutor also can ask for a dismissal if they agree to end the case permanently or want to temporarily end the case to refile with different charges or evidence later. In a motion to dismiss, you ask the judge to end the case based on a specific substantive or procedural issue. ![]() You also can reach out online to schedule a free consultation. Even if it’s not, Michael Fienman will build the strongest possible defense. Filing a motion to dismiss may be warranted. If this motion succeeds, your case is over, and you’re free to walk away.Ĭall Fienman Defense at (215) 839-9529 to learn about filing a motion to dismiss in Pennsylvania. A significant one is a motion to dismiss. Your lawyer might file numerous pretrial motions depending on the circumstances. The next phase is pretrial motions and is often the most critical because your lawyer uses the information, they collected to fight for you.Ī motion is a formal request to the judge, asking them to decide an issue in the case. The longest phase is discovery, where your defense lawyer investigates the allegations and gathers facts. ![]() In a criminal cases – a lot happens before trial. ![]()
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