Can my attorney file a motion asking the judge to dismiss my case because the evidence is weak?
This is a common misconception probably resulting from poorly written TV shows. A trial judge does not have the general power to dismiss a criminal case prior to trial because he or she believes the evidence is weak. After a misdemeanor is filed and after indictment in a felony the trial judge may dismiss a case only upon a motion to dismiss brought by the prosecutor or on a defense motions based on a very narrow set of procedural regularities. A judge or jury may acquit an accused after a trial based on insufficient evidence, but may not dismiss the case for that reason prior to trial.
