Motions to Dismiss

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There are a few situations and circumstances under which a Motion to Dismiss can be filed.  One of these circumstances is if both the State and the Defendant agree upon all the facts of the case, and the Defendant argues that these acts do not actually constitute a crime.  This motion is called a “c-4” motion, and these motions are not very common as the State and Defense rarely agree upon all of the facts of the case.

 
Motion to Dismiss
 

Much more often, a Motion to Dismiss will be filed immediately after the plaintiff files a complaint.  Instead of filing an answer, the defendant files a Motion to Dismiss, essentially asking the court to “throw out” the case. 

When a Court Grants Motion to Dismiss

In order for the court to grant this motion, there must be enough evidence within the original complaint and the motion itself for the parties to argue the case.  If there is not enough evidence within the complaint and motion, the court will generally deny the Motion to Dismiss and require that the parties investigate more during a period of discovery.

 

Other reasons a Motion to Dismiss might be filed involve procedural issues, like whether the case has been filed in the correct court, or whether the court it has been filed in even has jurisdiction in the case.  A Motion to Dismiss can also be filed if the complaint was not served correctly or if all parties involved were not named in the case.

Need a Kissimmee Defense Lawyer? 

If you think you need to file a Motion to Dismiss in your case for any of those reasons, or are not sure if your case qualifies for a Motion to Dismiss, contact the Kissimmee criminal law attorneys at Draper Law Office today.

 
We will be happy to work with you to figure out your best next step in the case. Call us today at 866.767.4711 or fill out our online contact form.

 

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