Motion to dismiss charges4/22/2024 There are three types of pretrial motions that can be filed to make your life less stressful. What types of motions are there in criminal court? As the defendant, you’re required to swear to the facts contained in the motion to dismiss, and if you lose the motion and go to trial, the prosecutor can use this information against you. It’s purely a question of law for the interpretation of the Judge. Frequently Asked Questions About Pretrial Motions What is a pretrial motion to dismiss?Ī pretrial motion to dismiss is an attempt to have one or all of your charges completely dismissed. Your attorney can file these motions in advance of trial or on the day – depending on your trial strategy. These can be powerful because the State may want all evidence against you to be introduced at trial, whether unfairly prejudicial or not. Motions in limine are evidentiary pretrial motions that attempt to have the court order or regulate how or what evidence is to be introduced at trial. If you lose the motion and go to trial, the prosecutor can use this information against you as an admission. One downside to filing this type of motion is that you (the defendant) must sign and swear to the facts contained in the motion to dismiss. If you are successful in convincing him or her on the assertions of the motion to dismiss, you may walk out of court that day with your charges totally dismissed. A motion to dismiss is purely a question of law for the interpretation of the Judge. In a “c4” motion to dismiss, your attorney is asserting that there are no materially disputed facts and that, even if the facts are proven, no crime has occurred. In applying the law, the Judge may decide that the merits of the motion are good and grant the motion to suppress.Ī motion to dismiss is a pretrial motion that attempts to have one or all of your charges completely dismissed. Next, the Judge will decide how the law should apply to those facts. After the hearing, the Judge will make findings of fact (meaning, they will decide what they believe actually happened). So some people think of them as “mini-trials” because there are witnesses called to the stand, evidence introduced and arguments made at the end. Motions to suppress are mixed questions of fact and law and require a formal hearing in court. It is important to consider this potential hazard. On the other hand, filing a motion to suppress can hurt you if you eligible for a pretrial diversion program (PTD) because the filing of such pretrials motions may disqualify you from participating in PTD. For example, merely filing a motion to suppress may provide the prosecutor a basis to consider dismissing or reducing your charges or giving you a better plea deal. The practice of law is an art and filing motions to suppress can be strategically advantageous or disadvantageous. Nevertheless a thorough investigation by an experienced attorney can reveal reasons to file a motion to suppress that an inexperienced attorney may miss. Sometimes, winning them only takes away some of the evidence the State has to use against you. There are many reasons for filing a motion to suppress and winning these motions very often results in your case being dismissed. Motions to SuppressĪ motion to suppress is a pretrial motion that attempts to throw out (or have suppressed) evidence that is bad (inculpatory) for you as a criminal defendant. While wanting your day in Court is certainly something to which you are entitled, why run the risk of putting your life in the hands of a jury unnecessarily? Filing these kinds of motions may obviate the need for a jury trial and make your life a lot less stressful. Pretrial motions can make or break your case. Pretrial Motions How to Beat Charges by Filing Pretrial Motions
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