Motions to Dismiss

Many people charged with criminal offenses in Florida have the immediate sensation of being overwhelmed. They feel as though everything in the system has been stacked against them and, guilty or innocent, they simply have no chance of beating the case. And this is the way the system is designed to make defendants feel. Confusing and anachronistic terminology is used to describe simple court proceedings. Laws are purposefully convoluted and are hidden within labyrinthine criminal statutes. Lawyers are often not forthcoming with their clients about the realities and complexities of their cases. So it comes as no surprise that many people facing criminal offenses simply fold under the pressure. Hiring a skilled and dedicated St. Petersburg criminal defense lawyer can help to change your outlook to a much more positive one.

Skilled lawyers know that as complex and biased as the criminal justice system is, there are a myriad of tools available to help get their clients the best possible results. The best lawyers will have a robust motion practice, and will filed detailed motions such as motions to suppress evidence, motions in limine, and motions to dismiss. While many of the motions available to criminal defendants can have significant impact on a case, none are more potentially powerful than a motion to dismiss. A motion to suppress or a motion in limine can limit the evidence available to the prosecution. But, if granted, a motion to dismiss can result in the dismissal of the entire case. If you have been charged with a crime, you should consult with a St. Petersburg criminal defense lawyer who is skilled in the filing of these types of motions.

Now, motions to dismiss, as powerful as they can be, are not available or appropriate for each and every case. A skilled lawyer will be able to analyze the facts of your case to determine if it will be appropriate to file a motion to dismiss. Motions to dismiss consist of double jeopardy motions, statute of limitations motions, and the most common, C4 motions. C4 motions are so called because they are created under Florida Rule of Criminal procedure 3.190 section C subsection 4. Double jeopardy motions come into play when a person has already been acquitted or convicted of the offense for which they are facing trial. While this is a rare situation, it actually happens more often than one would hope. And when people are charged with a crime they’ve already been put in jeopardy for, a skilled St. Petersburg lawyer can help get those charges dismissed.

The most common motion to dismiss, the C4 motion, is much more versatile. Under the terms of the C4 motion, a defendant can request dismissal of their case when the material facts of the case are undisputed and there is an argument that the undisputed facts do not establish a “prima facie” case of guilt. This scenario will occure when none of the facts in a case are disputed and when the prosecution and defense diasagree as to whether a criminal offense is established based on those undisputed facts. Due to the often complicated wording of criminal statutes, this is a scenario that can arise in many different circumstances. A well researched and argued motion to dismiss can result in all of the charges against you being dropped without ever having to go before a jury. Dedicated St. Petersburg criminal defense lawyers can use these types of motions to great effect in the defense of their clients.

The attorneys at Hanlon Law have years of experience filing and litigating complex motions to dismiss. If you think that your case might be ripe for a dismissal, then we are here to help you achieve that goal. If you or a loved one has been charged with a criminal offense, don’t hesitate to reach out to us to schedule a consultation at 727.289.0222.