What is a Motion to Dismiss?
Our criminal attorneys explain that where there are no material disputed facts against a defendant, 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. Palm Beach criminal attorneys should know 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 f
