If the government caused unreasonable and excess delays in your case, you could argue it violated your Constitutional rights and ask for the judge to dismiss the case. The Constitution grants you the right to a speedy trial. You might argue that the prosecutor brought charges after the statute of limitations for the offense ran out. If the police unlawfully stopped, detained, or searched you or your private property, this may be a basis for a judge to rule certain evidence is inadmissible or to throw out your case entirely. Constitution protects you from unreasonable searches and seizures. If you were arrested based on little-to-no facts that you were involved in a crime, your lawyer would argue the police lacked probable cause and violated your rights by arresting you. Either an officer has probable cause based on the circumstances, or they explain their cause to a judge who signs an arrest warrant. The police must have probable cause to arrest you. You’ll argue it’s obvious the prosecution doesn’t have enough evidence to prove each element of the offense beyond a reasonable doubt. Your lawyer might file a motion to dismiss because the prosecutor clearly lacks evidence to meet their burden of proof.
They must support the motion with a strong argument, whether they base the argument on a substantive issue, like a lack of evidence, or a procedural issue, like a violation of your due process.Ĭommon reasons to file a motion to dismiss are: Insufficient Evidence Your lawyer needs to have a good reason to file a motion to dismiss. When a Lawyer Will File a Motion to Dismiss It specifically describes the procedure if you argue that the charges weren’t filed in a reasonable time or the charges violate double jeopardy.
#Filing a motion to dismiss code#
Code §587) controls motions to dismiss in Pennsylvania. The prosecutor also can ask for a dismissal if they agree to end the case permanently or want to temporarily end the case to refile with different charges or evidence later. In a motion to dismiss, you ask the judge to end the case based on a specific substantive or procedural issue.
#Filing a motion to dismiss free#
You also can reach out online to schedule a free consultation. Even if it’s not, Michael Fienman will build the strongest possible defense. Filing a motion to dismiss may be warranted. If this motion succeeds, your case is over, and you’re free to walk away.Ĭall Fienman Defense at (215) 839-9529 to learn about filing a motion to dismiss in Pennsylvania. A significant one is a motion to dismiss. Your lawyer might file numerous pretrial motions depending on the circumstances. The next phase is pretrial motions and is often the most critical because your lawyer uses the information, they collected to fight for you.Ī motion is a formal request to the judge, asking them to decide an issue in the case. The longest phase is discovery, where your defense lawyer investigates the allegations and gathers facts. Call 20 to schedule a consultation today.In a criminal cases – a lot happens before trial. If you are considering a dismissal action in your divorce case, get expert legal advice before you proceed. In those situations, there are ways to accelerate the refiled petition so that it gets placed on a similar or same case schedule as the case you just dismissed. However, practically speaking, your spouse could just refile the case starting the whole process all over again. However, tactically speaking it is possible to dismiss a divorce case pursuant to Civil Rule 41 if you are the petitioner in the case.
If your spouse does not agree, you can not dismiss a case because Washington State is a no fault divorce state. Motions to Dismiss are typically heard on the IC Docket so you would use an “IC Note for Motion Docket” when preparing the motion to be filed.Ĭan I dismiss the case if my spouse doesn’t want to stay married? In divorce cases involving a husband and wife, a motion to dismiss is a request to the court by one party or the other to stop the divorce process and stay married. The same is true for child support cases, third party cases, or any other type of family law case.Ī Motion to Dismiss is the written request by a person to get the court to dismiss the case. If child custody cases, when a case is dismissed it means that child custody doesn’t legally change from what it was before the petition was filed. In divorce cases, when a case is dismissed it means that you stay married to your current spouse. A criminal case is dismissed when the criminal charges are dropped against a defendant. Understanding what dismissal means in Family Law casesĭismissal is the act of closing a case when the case has not reached its natural conclusion. What is a motion to dismiss and what does that mean in my divorce case?
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