How to File a Motion to Dismiss Criminal Charges?
Getting a notice for the criminal charges does not guarantee that your case is going to trial. If your lawyer can prove that the charges are against the legal actions, he or she can file a motion to dismiss the criminal charges. Indeed, filing a motion to dismiss the criminal charges can be due to illogical shreds of evidence, unlawful searching, and following illegal procedures.
Even if you are arrested by lawful agencies, the prosecution will decide whether charges will be collected. This way, the prosecution will review the police reports, evidence, and other legal elements to make an effective decision. During this time, your lawyer can file the motion to the court, requesting to drop the case or dismiss the criminal charges. Meanwhile, the criminal charges will be dismissed if the judge agrees with your statement.
A successful motion to dismiss does more than just stop the legal process; it also preserves one’s honor and ability to go through life. You can consult with the Criminal Lawyer in Ottawa to handle this matter.
How to Legally File a Motion to Dismiss Criminal Charges?
Look at the significant and compulsory legal procedure for filing a motion.
File a Motion to Dismiss
The lawful agencies can attach you with a case and demand criminal charges. This way, it is always the best approach to file a motion to dismiss the criminal charges before responding to the charges. Indeed, responding to the charges is all about submitting the answer legally. So, wait for it until you file the motion.
It is also important to mention the following reasons that are forcing you to file a motion to dismiss. This way, the reasons can be incomplete or inauthentic evidence. You must provide the initial documents. If you don’t provide the reasons, you will not be able to argue in the future based on the following reasons.
Motion Serving
It is clear that the defense attorney will file the motion to dismiss the case. This way, the file will be submitted to the court. Moreover, it is also compulsory to share a copy of your motion file with the opposing party. In this case, every action will be considered by the judge and the party opposing you. The opponent may or may not respond to your motion.
Get a Response from the Opposite Party
As previously discussed, the opposite party can also submit a response to your motion. Once the opposing party gets the motion, the countdown starts. It means that your opponents will submit the answer against your response. The answer will depict why the case should not be dismissed. As the defense attorney mentions the reasons to dismiss the case, the opponent will also try to stop you from case dismissal.
Motion Reviewing
As the case is between two parties, the judge will consider the arguments from both parties. The defense attorney has filed the motion to dismiss, and the opposing party also has responded to the motions; now it’s the turn of the judge. The judge will read all the documents, legal points, and important information submitted by both parties.
After assessing all the points or documents, the judge will decide whether the case will continue or be dismissed. If the judge is still confused, he or she will send notices to each party’s lawyers to present their arguments in front of him or her. As a result, the conclusion or the final decision will be more direct and clear.
Final Procedure
There are two cases: the case will be dismissed or continued. For instance, if the case is dismissed, there will be no further court hearings or legal procedures. On the other hand, if the court does not dismiss the case, the defendant is responsible for submitting the answer regarding the case. Afterward, the case will move forward with the legal consequences or trials.
Final Verdict
Motion to dismiss criminal charges is a powerful tool that can potentially stop an undeserving case from proceeding to the trial stage. This legal move enables the accused person to question the admissibility of the charges on the premise of insufficiency of evidence, technical irregularities, or vice versa. A classical motion to dismiss can only depend on a valid argument indicating why the charges cannot be taken forward.
In considering these motions, courts presuppose that the allegations brought by the prosecution against the accused are true; consequently, the opposition must present credible evidence to debunk the prosecution’s claims. Thus, obtaining a dismissal contributes to avoiding stress, costs, and possible trial of a case, which is the termination of the case at its initial stage.
