![]() Once an individual files and serves their motion on the other party, the court will most likely provide the other party with the opportunity to respond to the motion. What Happens After I File My Motion to Dismiss? They should be as specific as possible and provide the court with copies of the government filings as well as any other evidence that demonstrates the grounds for the dismissal. If there are any relevant case laws or statutes that support the individual’s claim, they should include proper citations. The motion should outline, as clearly as possible, one or more grounds why the case should be dismissed. What Should Be Included in a Pretrial Motion to Dismiss?Ī pretrial motion to dismiss must be written and must follow any local rules and requirements regarding written motions to the court. Any failures to provide these details may be cause for a dismissal. ![]() Defective charging document: The government must include specific language in the written charging document such as specific dates and locations of what the defendant is accused of.Violation of speedy trial right: If the government delays the proceedings to such an extent that it violates the defendant’s right to a speedy trial, the case may be dismissed or.Lack of due process: If the government and its agents, such as police officers, violate the defendant’s right to due process, then the charges may be dismissed.If the government fails to file charges against the defendant within the timeframe provided in the statute of limitations, the case may be dismissed Statute of limitations: Many crimes have a time period in which the prosecution must file charges.If the prosecution missing one element or it lacks sufficient evidence to proceed, the court may grant a dismissal. ![]()
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