![]() ![]() That is to say, and each party must be able to specify specific grounds for dismissal and, if required, must be able to oppose a motion to dismiss.įor instance, the plaintiff must make all allegations of negligence in a personal injury action when the respondent is alleged to have been careless. Any refusal to offer these specifics could result in termination.īoth parties must be informed of the potential for termination. Defective Charging Document: The written charging document must contain particular wording from the government, such as the dates and places of the alleged offenses against the defendant.Violation of the Right to a Speedy Trial: The case may be dismissed if the government prolongs the processes to the point that it unfairly burdens the defendant.Lack of Due Process: The charges may be dropped if the government and its representatives-such as police officers-violate the defendant’s right to due process.The case can be dropped if the government doesn’t submit the charges by the deadline. Statute of Limitations: A lot of crimes have a time limit.The court may order a dismissal if they are missing one requirement or if there is not enough support to move further. Lack of Evidence: The government must present enough information to demonstrate that the allegations satisfy every requirement for the specific crime claimed.The defendant should be able to have the case dismissed if the alleged offense was committed in Florida, but the state of Georgia arrested and tried to prosecute the defendant there.įlorida, however, has the right to do so. Lack of Jurisdiction: The only state with jurisdiction to pursue a criminal case is the one where the offense happened. The court may grant a request to dismiss for a variety of reasons, the majority of which are procedural in nature. ![]() What Are a Few Arguments in Support of a Motion to Dismiss? Do I Need Legal Counsel for Assistance with Personal Injury Procedural Matters?. ![]()
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