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What is a Motion to Dismiss?

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What is a Motion to Dismiss?

The other types of pretrial notions may be a motion to dismiss. In most jurisdictions, a motion dismiss is filed when the defense and prosecution agree on a set of facts and then argue to the court, based on those set of facts, that there does not exists a prima facie case  of a crime. At a motion to dismiss stage, the court can actually dismiss the charges against the defendant, if the court believes there is not enough evidence to establish a prima facie case of guilt.  

Call (877) 728-9653 or complete an online contact form to schedule a free, no obligation consultation with a leading Clearwater criminal defense attorney.


The Clearwater criminal defense attorneys at Carlson, Meissner, Hart & Hayslett, P.A., fighting for our clients rights in criminal defense cases in ClearwaterTampaBradentonSpring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida. 

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J. Kevin Hayslett

Kevin Hayslett, Esq.

J. Kevin Hayslett, The Attorney to the Stars, is a highly-recognized attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office. Kevin is an avid tennis player and is currently nationally-rated in singles and doubles. 

Follow Kevin on Google+, or on Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Bubba The Love Sponge morning show during the "Ask the Lawyer" segment, which can be heard at 7:30 am EST on alternating Thursday's every month.