#MOTION TO DISMISS FREE#

If you were arrested under mere suspicion without due process or just cause, the resulting charges may be dropped. The police must follow certain procedures when arresting people for alleged crimes. Lack of due process during the arrest.

If your attorney can show that the Statute of Limitations has expired for the charges in question, the court must dismiss the case. This time limit varies according to the crime. Both federal and state laws put a time limit on certain alleged crimes as to when the state may try you for them. Here are a few of the more common reasons why your attorney may file a Motion to Dismiss: There are number of valid reasons why a case can and should be thrown out of court. Likewise, cases are not dismissed simply because someone asks for it, which is why it’s important to have an experienced criminal defense attorney who can determine whether there are valid reasons to argue for the dismissal of your case, and who can express these arguments effectively. It’s important to understand that the Motion to Dismiss does not address your guilt or innocence, but simply challenges the terms or validity of the case itself. In cases like these, a Motion to Dismiss can be an effective pre-trial strategy, and if the judge grants the motion, the charges against you are dropped. The law affords you certain protections when you’re charged with a crime: for example, you can’t be lawfully tried for a particular crime after a certain period of time has passed since the alleged crime occurred (known as the Statute of Limitations), neither can you be tried in a court that has no jurisdiction over your case. The Motion to Dismiss is a common pre-trial motion, used in both criminal and civil suits, that simply asks the courts to throw out the case. When granted, this motion effectively cancels the case, and the charges against you are dropped. If your attorney deems the charges are unwarranted or that the prosecution lacks enough evidence to secure a conviction, she may file a Motion to Dismiss. However, if the complaint only says 'I broke my arm and it was his fault,' it could be dismissed on demurrer.Being charged with a crime doesn’t automatically mean your case will go to trial. If plaintiff pleads those things, he has pled sufficiently.

#MOTION TO DISMISS FREE#

So he could say that defendant owned a store and as the owner, he had a duty to keep the sidewalk free from ice, but he didn't bother to de-ice the sidewalk (thus breaching the duty), and plaintiff slipped on the ice and fell, breaking his arm and causing him to incur $1,500 in medical bills. The plaintiff's complaint must show facts indicating that there was a duty, that it was breached, that the breach caused his injuries and that he was damaged.

To claim negligence, the plaintiff must show that the defendant (the person he's suing) had a duty, and he breached that duty, and his breach of that duty cased plaintiff's injuries and plaintiff suffered damages as a result.

For instance, a plaintiff may sue someone for personal injury on a theory of negligence. The most common reason for filing a motion to dismiss is that the plaintiff has 'failed to state a claim upon which relief can be granted,' meaning that the filing fails to state a claim on which the judge can act - the demurrer, as described above.

Motion to dismiss