What is a Motion to Dismiss?

Criminal Attorneys from the Fort Lauderdale based law offices of William Moore emphasize that where there are no material disputed facts against a defendant in a criminal case, their lawyer may file a motion to dismiss seeking to have the charges dropped.  Such a motion may also be filed where a State Attorney has failed to file a criminal action against a defendant (known as an information) within the time period required by law.  These time periods are known as limitations on actions and the amount of time that a prosecutor has varies with the type of offense charged.  Other valid motions to dismiss may also be predicated on a prosecutor’s selective prosecution of a particular defendant, duplicitous allegations and/or immunity.  Note however that motions to dismiss are not proper where the weight and sufficiency of evidence against a criminal defendant is brought into question.  To the contrary, motions to dismiss allege that there are no material disputed facts and that the undisputed facts do not establish what is known as a “prima facie” case against the defendant.  In all criminal cases a prosecutor must establish each and every element of a particular crime.  Should the prosecuting attorney fail to have any evidence pertaining to even a single element it can be said that they are unable to make a prima facie case.  In such a circumstance a motion to dismiss should be filed obviating the need for an accused to defend a case which is insufficient on its face.

The William Moore Law Firm is a Fort Lauderdale criminal defense law firm offering decades of experienced legal representation and knowledge that is aggressive and skilled in the art of criminal defense. William Moore Criminal Defense for immediate legal answers and available representation in Broward County.