These are scary times, made even worse if you have been arrested and convicted of a crime. Your mind is racing and reeling, your heart is beating hard, and you are trying not to panic, right? Thankfully, you have called a top-notch criminal defense attorney (like those found at the Law Office of Travis Koon), and start to feel relieved!
Your attorney will sit down with you to review your case in its entirety, including all of the details that led up to the arrest, during the arrest, and even after the arrest. All of the issues will be weighed and the defense will take shape. Perhaps it is a situation of mistaken identity? Maybe this is your first offence?Maybe it can be plea-bargained or requested that the adjudication be withheld? Under the right circumstances, another option may be to file a motion to dismiss your case entirely.
A motion to dismiss is filed to terminate a criminal prosecution through court action because of some kind of legal or technical defect in the proceeding. This motion is filed before or even during the arraignment and is a formal request for the court to dismiss your case.
There are many instances in which a motion to dismiss can be filed. Below is a list of some, but by no means all, of these instances:
- 1) Statute of limitation has run out
- 2) Double jeopardy
- 3) Defendant didn’t receive the summons in time
- 4) Case is filed in the wrong court or in the wrong county
- 5) Due processes violation
- 6) Discovery violation
- 7) Defendant has immunity
- 8) Defendant is pardoned
Do you find that the motion to dismiss is based on technical issues? This is not the place to raise disputes regarding the facts of the case… such as “the law enforcement officer is lying”.
As with any legal document, there are many, many details that must be adhered-to when filing a motion to dismiss; it must be in writing and signed by the party or attorney making the motion; it must state the grounds for which the motion is based; and it must be served to the opposing party. This motion must also include an allegation that the material facts of the case that are undisputed, a description of these undisputed facts, and a full demonstration of them.
A skilled and decisive attorney will know when to file a motion to dismiss. The common person is not expected to understand all the legal situations. This is why it is extremely important to immediately call an attorney if you have been arrested. If you have been arrested in Florida, call us at the Law Office of Travis Koon!
At the Law Office of Travis Koon, we will take the time to thoroughly discuss your case and the best way to approach your defense. We are defense attorneys in Lake City, FL with offices located in Lake City, Gainesville, and Miami. We understand how the courts work and how to best defend you in a court of law. Call us regarding your case, and we will work diligently to defend you.