Feb 3, 2022Upon a defense motion to dismiss for insufficient evidence, the question to be decided by the judge is whether there is “substantial evidence”
The Motion to Dismiss is a common pre-trial motion, used in both criminal and civil suits, that simply asks the courts to throw out the case. In cases like
What Is a Motion to Dismiss? A motion to dismiss is a request made by the defendant for the court to throw out the charges against them because of some issue. A motion to dismiss differs from pleading not guilty and wanting the court to dismiss the charges because an individual did not commit the crime alleged.
×A motion to dismiss is a
pretrial motion that challenges the legality of the criminal complaint or indictment or the fairness of the trial. The motion can be filed on grounds that there are no disputed issues of material fact in the case and the undisputed facts do not amount to a prima facie case of guilt. A motion to dismiss can also argue that the government or the party that is bringing the case failed to follow a procedure that was required by law, made a mistake in the charging documents, violated the defendant’s rights, or the case is barred because the statute of limitations has lapsed. After the defense files its motion, the judge typically gives the prosecution an opportunity to respond in writing. The opposing party can file an Answer to Motion to Dismiss.,A
pretrial motion to dismiss challenges the legality of the criminal complaint or indictment or the fairness of the trial. This motion puts legal issues before the judge that may end the case before it goes to the jury to decide whether the defendant committed the crime (a factual issue).Under
Rule 3.190 (c) (4), Florida Rules of Criminal Procedure, a defendant may, at any time, file a motion to dismiss on grounds that there are no disputed issues of material fact in the case and the undisputed facts do not amount to a prima facie case of guilt.
Instead, a motion to dismiss argues to the court that the government or the party that is bringing the case:
- Failed to follow a procedure that was required by law;
- Made a mistake in the charging documents;
Most courts follow the same general procedure for
pretrial motions to dismiss, but rules can differ from state to state. After the defense files its motion, the judge typically gives the prosecution an opportunity to respond in writing. The prosecution will file a response explaining why the judge shouldn’t dismiss the case.
Filing a Motion to Dismiss requires a written document be filed with the court, stating the reason the dismissal is requested. The written motion should be supported by evidence, such as police reports, affidavits, or other pertinent evidence. After a Motion to Dismiss has been filed, the opposing party can file an Answer to Motion to Dismiss.
