A motion to dismiss is any time either side asks the judge to dismiss the case. An experienced DUI lawyer may file a motion to dismiss for any number of reasons, but it usually reflects a significant development in a certain case. If granted, a motion to dismiss effectively ends a particular case or trial, so the grounds for such a motion must be substantial.
If you need help with your DUI case, do not hesitate to contact a skilled criminal defense attorney. There may be constitutional or procedural issues in your case, but identifying them and presenting a motion to dismiss may require the knowledge and skills of an attorney. Call today to set up a consultation and begin working towards a positive resolution of your DUI charges.
The timing of a motion to dismiss depends entirely on the jurisdiction. In some jurisdictions, an attorney simply brings a motion orally during the trial or right before the trial begins. In other jurisdictions, a person must file the motion to dismiss 24 or 48 hours in advance. The deadline is related to the location of the case and the level of the court.
A general reason a lawyer would file a motion to dismiss will be if a defect exists in the case that would create insufficient evidence to convict the person. When determining a motion to dismiss on the grounds of insufficient evidence, a judge would examine the evidence from the perspective most favorable for the Commonwealth.
Other possible grounds could be the presence of a constitutional defect or a similar injustice. Motions to dismiss are made orally during trial when something happens that would make it nearly impossible for the prosecutor to continue with their case.
After a motion to dismiss is filed or brought up in Fredericksburg or Virginia, the judge rules on the motion. The judge will either grant the motion, effectively ending the case, or deny the motion, in which case the trial continues.
It is important to have a lawyer take care of the drafting and filing of the motion to dismiss. The average person does not possess enough knowledge of the law to file an effective motion. Rather than file frivolous motions in front of the court, retain an experienced attorney who knows the law, knows the bounds of the law, knows the prosecutor, and knows the judges. A knowledgeable DUI lawyer could cater a motion to dismiss so that it is seen in the most favorable light to that particular judge.
To find out if a motion to dismiss is an option in your DUI case, reach out to a qualified attorney as soon as possible. With an experienced DUI lawyer by your side, you could protect your rights and make sure you receive fair treatment in court. Reach out to a lawyer today to set up a case review.