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.
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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.
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