The stress of facing felony or misdemeanor charges in criminal court can be overwhelming for the person charged and for their family members. For most of them, the criminal justice process involves detailed procedures they don’t fully understand. Their liberty and their future depend almost entirely on the skill and experience of their criminal defense lawyer.
Hillsborough County has more than 11,000 felony filings each year. That means that 11,000 individuals are facing the prospect of months or years in jail, thousands of dollars in fines and court costs, and the social fallout from a felony conviction. Even more misdemeanors charges are filed.
In Tampa, Stechschulte Nell, Attorneys at Law, earned their reputation for successful criminal defense results by focusing their full attention on the details of every client’s case. Their experienced analysis of each case informs the best defense strategy for each criminal charge. These defenses usually include filing key “motions” that highlight weaknesses in the prosecution’s evidence arising either from the law or from procedural errors by police and prosecutors.
The ultimate goal is to win a dismissal of the case against the defendant.
This blog will discuss some of the frequently used and most effective motions to dismiss used by experienced criminal defense lawyers.
What Is A Legal Motion?
A motion is a legal request or suggestion filed in court that urges the court to issue a legal ruling. Motions can urge that certain evidence be ruled inadmissible, that a charge be dismissed for lack of sufficient evidence, that confidential records be turned over, or that other favorable actions occur to the client.
Motion to Dismiss for Denial of Speedy Trial
Florida has one of the strongest speedy trial rules. Under the terms of Florida Rule of Criminal Procedure 3.191, a person charged with a crime has the right to be tried within a specific number of days; 90 days on a misdemeanor charge and 175 days for a felony.
The Speedy Trial Rule has several detailed requirements and exceptions. Still, if the defendant has acted diligently and has not contributed to any delay, the state is forced by law to commence a trial for the defendant within the designated period. If it fails to do so, the defendant is entitled to be “discharged” and is immune from any further prosecution on the charge or any related conduct related to the alleged criminal conduct.
Motion to Dismiss on Statute of Limitations Grounds
A statute of limitations is a law that defines how long after an alleged crime the prosecution may file a criminal charge. For example, in Florida, for a first-degree felony, the state has only 4 years to obtain an indictment or charge the accused by filing a criminal information. For second-degree misdemeanors, the statute limits the time to file criminal charges to 1 year from the date of the crime.
As with all general rules, the law also includes a number of important exceptions and special circumstances in which the time to file charges may be extended. One example is if the defendant intentionally evaded detection by moving out of state or out of the country.
However, when the facts fit the rule, a statute of limitations bars the defendant’s prosecution. A knowledgeable criminal defense lawyer will move to dismiss the case. The statute of limitations defense is waived if the lawyer doesn’t notice the late filing of the charges and the defendant is convicted.
Motion to Dismiss for Lack of Evidence (following a Motion to Suppress Evidence)
If the police obtain evidence or arrest a person by violating the federal or state constitution, the law bars the evidence from being used against the defendant at trial. Experienced criminal defense lawyers know the law inside and out and comb through the documents looking for police misconduct and mistakes that violate the law. They file a motion to suppress the evidence when they find these procedural violations. The prosecution’s case is often gutted if the judge grants the motion and prevents the prosecutor from using the illegally obtained evidence.
Since the prosecution cannot prove their case without the evidence, the defense attorney’s motion to dismiss would be granted. When a wise defense attorney informs a prosecutor that some of the state’s evidence might be suppressed, a prosecutor who does not want to lose a case may reduce the charges or offer the defendant a favorable disposition rather than risk having a judge dismiss the case entirely.
Motion to Dismiss for Lack of Probable Cause
For any criminal charge to move through the court system, the prosecution must show that there is “probable cause” to believe that a crime was committed and that the defendant is the guilty party. In fact, determining whether probable cause exists is the arraignment judge’s most important function.
But many cases involve complicated criminal statutes or offenses with subtle wording that are later discovered not to fit the facts. This is an instance in which a skilled defense lawyer who has mastered the law will file a motion to dismiss on the grounds that there is no probable cause supporting one of the required elements of the crime.
The case might lack any evidence of the “specific intent” required by the charge, or there may be insufficient evidence to implicate the defendant as the guilty person.
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Active Motion Practice Is the Sign of a Skilled Criminal Defense Lawyer
At Stechschulte Nell, Attorneys at Law in Tampa, we research, draft, and file every legal motion to benefit our client’s legal interests. Motion practice is as much of an art as a science; it requires an intense knowledge of the law and a finely tuned courtroom presentation.
If you need the experience of skilled criminal defense lawyers, call our office at 813-280-1244 to discuss your case.
