A motion to dismiss can be filed any time before sentencing. A motion to dismiss is a request to the court to drop your criminal charges. You can walk away free if it is granted. Once sentencing happens, you must serve whatever punishment you’re given.
A defendant’s lawyer should know when a motion to dismiss can be filed, but more importantly, they will know what arguments may sway the court to grant it. Here’s what you need to know about the timing of motions to dismiss and what they are from our Los Angeles DUI lawyers.
Moments to File a Motion to Dismiss
There are several phases in a criminal trial before the day of the actual trial. Your lawyer may file a motion to dismiss at any of these phases. The time at which they the motion will depend on the reason for filing it.
Common phases for criminal trials include, in order:
An Arraignment Hearing
The arraignment hearing is usually the first part of a criminal case. At this hearing, individuals first hear the charges they are facing. The accused must enter a plea at their arraignment hearing.
In California, you can plead:
- Not guilty
- No contest
- Guilty
It is rare to file a motion to dismiss at this stage of a trial, but it can happen. It will depend on the unique facts of your case and applicable laws. One reason might be an extremely early plea deal in exchange for a guilty or no-contest plea.
Pre-Trial Hearings
There may be several pre-trial hearings or motion hearings after a criminal arrest. These hearings allow lawyers to make different motions to persuade the court about how the trial should go or if it should happen at all. Generally, a motion to dismiss is made early on in this process.
Discovery is part of the pre-trial hearing process. During this phase, both sides share evidence about what happened. They may file various motions, like a motion to suppress, to control what evidence appears at trial.
Your lawyer may file a motion to dismiss if they believe the prosecution cannot prove the charges based on the available allowed evidence. They may also file one if they think you were arrested without probable cause for a DUI or whatever you’re charged with.
Criminal Trial
Finally, a criminal case can proceed to trial in California. Cases only proceed to trial if they are not dismissed or resolved out of court. Sometimes, individuals resolve their charges by accepting a plea bargain. This reduces the penalties they could face.
Your lawyer can file a motion to dismiss or acquit you after the prosecution makes its case. The prosecution must meet several standards for each charge to convict you successfully. If they did not meet these standards, your lawyer can file a motion to dismiss.
How the Court Handles the Motion to Dismiss
Filing a motion to dismiss charges does not necessarily mean the court will set aside the charges. This motion only requests that a judge consider dismissing the charges. A lawyer must work to show that:
- There is insufficient cause to continue forward with a case
- Your rights were violated during your arrest or trial, requiring a dismissal
If the court supports the arguments, a judge will dismiss your charges. Note that there are two ways to dismiss charges in California. Some charges are dismissed “without prejudice.” The prosecution can refile charges if your case is dismissed without prejudice.
In other cases, the court will dismiss your charges “with prejudice.” This means the court has decided not to hear your case again. The prosecution cannot charge you with the same crime in this situation.
Other Reasons for Filing a Motion to Dismiss
Insufficient evidence and civil rights violations during arrests are common reasons for filing a motion to dismiss. These are not the only reasons. Other reasons for filing a motion to dismiss include:
Speedy Trial Violations
Under California Penal Code 1382, the police can hold you in jail for a certain amount of time before proceeding with your trial. If they hold you for too long, they may drop your charges because they violated your right to a speedy trial.
Jurisdiction Violations
A criminal complaint must usually start in the jurisdiction where it happened. If the complaint is filed in the wrong jurisdiction, the court may not have the authority to hear the case, which would be grounds for a motion to dismiss.
Statute of Limitations Violations
All trials have a set deadline for when a case must start in court. This limit is the statute of limitations. Your charges may be dropped if the state takes too long to arrest you after your DUI. Prosecuting your case after this deadline violates your right to a speedy trial.
Ask a Lawyer When to File a Motion to Dismiss
When can you file a motion to dismiss? Generally, you can file this motion after an arraignment hearing. It’s best to let a lawyer write and file your motion to dismiss to give you the best chance of dismissal. If you need a DUI lawyer, contact us immediately for a free consultation.
