Motion to Dismiss - The Law Offices of Travis Koon, PLLC

Posted by | March 31, 2015 | Attorney, Criminal Defense | No Comments

These are scary times, made even worse if you are arrested and convicted of a crime.  Your mind is reeling, your heart is beating hard, and you are trying not to panic.  Thankfully, you have called a top notch criminal defense attorney (like those found at the Law Office of Travis Koon) and start to feel relieved.

Your attorney will sit down with you and review your case in its entirety, including all the details that led up to the arrest, during the arrest, and even after the arrest.  The issues will be weighed and the defense will take shape.  Perhaps it is a situation of mistaken identity, maybe this is your first offence and it can be plea bargained or request that the adjudication be withheld.  Under the correct circumstances, another option may be to file a motion to dismiss your case.

A motion to dismiss is filed to terminate a criminal prosecution through court action because of some legal or technical defect in the proceeding.  This motion is filed before or during the arraignment and is a formal request for the court to dismiss your case.

There are many instances in which a motion to dismiss can be filed; the following is a list of some, but by no means all, of these instances:

  • Statute of limitation has run out
  • Double jeopardy
  • Defendant didn’t receive the summons in time
  • Case is filed in the wrong court or in the wrong county
  • Due processes violation
  • Discovery violation
  • Defendant has immunity
  • Defendant is pardoned

Do you see that the motion to dismiss is based on technical issues?  This is not the place to raise disputes regarding the facts of the case, such as “the law enforcement officer is lying”.

As with any legal document, there are several details that must be adhered to when filing a motion to dismiss; it must be in writing, signed by the party or attorney making the motion, it must state the grounds for which it is based, and must be served to the opposing party.  This motion must also include: an allegation that the material facts of the case that are undisputed, a description of these undisputed facts and a demonstration of them.

A skilled and decisive attorney will know when to file a motion to dismiss; the common person is not expected to understand all the legal situations.  This is why it is extremely important to immediately call an attorney if you have been arrested; and if you have been arrested in Florida, call us at the Law Office of Travis Koon.  We have offices in Lake City, Gainesville, and Miami.  We understand how the courts work and how to best defend you in a court of law.  Do not leave your future to chance, call us today.

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