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Legal Pleadings

Motions to Dismiss

Arrest on Wrong Statute

By Fallgatter Catlin & Varon, P.A.

MOTION TO DISMISS COMES NOW the Defendant, by and through his undersigned counsel, pursuant to Rule 3.190, Fla. R. Crim. P., and files this Motion to Dismiss (“Motion”), respectfully moving this Honorable Court to dismiss Count 1 of the Information, filed in the above-styled cause, and in support thereof, states…

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Failure to Seek Medical Care

By Fallgatter Catlin & Varon, P.A.

MOTION TO DISMISS COMES NOW the Defendant, pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure, respectfully moves this Honorable Court to dismiss the charge filed herein, and in support thereof states as follows: FACTS 1. The Defendant is charged in Count One of the Information filed in the above-styled…

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Second Motion To Dismiss

By Fallgatter Catlin & Varon, P.A.

SECOND MOTION TO DISMISS (Counts 3, 29, and 30) COMES NOW the Defendant, by and through his undersigned counsel, pursuant to Rule 3.190, Fla. R. Crim. P., and respectfully moves this Honorable Court to dismiss Counts 3, 29, and 30 of the Information of the above-styled cause, and, as grounds…

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Amended Initial Brief – Stalking #1

By Fallgatter Catlin & Varon, P.A.

STATEMENT OF THE CASE The Appellant was arrested, pursuant to an arrest warrant, and charged with stalking, in violation of Florida Statute 748.048(2). (R. 1 at 1-3). The Appellant and the alleged victims, L. and J. W., are neighbors. (R. 3 at 28). Prior to the initiation of criminal proceedings,…

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Motion To Dismiss – Injunction

By Fallgatter Catlin & Varon, P.A.

MOTION TO DISMISS PETITION FOR INJUNCTION FOR PROTECTION AGAINST DATING VIOLENCE COMES NOW the Respondent, by and through his undersigned counsel, and, pursuant to Family Law Rule 12.420(b) and Rule 1.420(b), Florida Rules of Civil Procedure, hereby files this Motion to Dismiss Petition for Injunction for Protection Against Dating Violence,…

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Double Jeopardy and Multiplicity

By Fallgatter Catlin & Varon, P.A.

MOTION TO DISMISS COMES NOW the Defendant, by and through his undersigned counsel, and, pursuant to Rule 3.190, Fla. R. Crim. P., moves this Honorable Court to dismiss Counts 1 – 28 of the Information of the above-styled cause, and, as grounds therefore, states as follows: FACTS 1. The Defendant…

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Motion to Dismiss – Factually Innocent

By Fallgatter Catlin & Varon, P.A.

RESPONSE TO PETITIONER’S MOTION FOR EXTENSION OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE COMES NOW, the Respondent, by and through his undersigned counsel, and hereby files this Response to Petitioner’s Motion for Extension of Injunction for Protection against Domestic Violence (“Motion for Extension”), and in support thereof, states as follows:…

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Motion To Dismiss – BOLEO

By Fallgatter Catlin & Varon, P.A.

COMES NOW the Defendant, by and through his undersigned counsel, pursuant to Florida Rules of Criminal Procedure, Rule 3.190(c)(4), §784.07(2)(b) and §843.01, Florida Statutes, and respectfully files his Motion to Dismiss, and moves the Court to dismiss the Information filed herein, and in support thereof, states as follows: A. Introduction…

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Motion To Dismiss – Jurisdiction and Statute of Limitations

By Fallgatter Catlin & Varon, P.A.

MOTION TO DISMISS COMES NOW the Defendant, by and through his undersigned counsel, and, pursuant to Rule 3.190, Fla. R. Crim. P., moves this Honorable Court to dismiss Counts 1 – 28 of the Information of the above-styled cause, and, as grounds therefore, states as follows: FACTS 1. The client…

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Motion to Dismiss – Pre-Indictment Delay & Absence of Allegation

By Fallgatter Catlin & Varon, P.A.

COMES NOW the Defendant, by and through his undersigned counsel, pursuant to Rule 12(b), Fed. R. Crim. P., and hereby respectfully files this Motion to Dismiss, due to (1) Pre-Indictment Delay and (2) the Absence of any Allegation or Proof of Knowing or Willful Joinder in Any Unlawful Plan, and…

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