Understanding the Motion to Dismiss in Criminal Cases: Definition, Strategy & Sample
When someone is charged with a crime, the case does not always proceed directly to trial. In some situations, the defendant has the legal right to challenge the validity of the charges through a legal tool called a "motion to dismiss." In this comprehensive guide, Lawler Legal breaks down the concept of a motion to dismiss in criminal cases, including its definition, legal implications, common grounds, strategies, and a motion to dismiss criminal case sample that can serve as a reference. What is a Motion to Dismiss? (Motion to Dismiss Definition) A motion to dismiss is a formal request made to the court to throw out a case entirely or specific charges within it. In criminal law, it allows the defendant to argue that the case should not proceed to trial for various legal reasons. These can range from constitutional violations and improper procedures to insufficient evidence. This procedural motion is filed during the pretrial phase and, if granted, can result in dismissal o...