Motions to Dismiss

Pursuant to Rules 3.190(b) (motion to dismiss – generally) and 3.190(c)(4) (motion to dismiss – failure to establish a prima facie case), Florida Rules of Criminal Procedure; Rules 6.150(b) (which permits a defendant to “offer evidence of other witnesses through the use of one or more affidavits [which] shall be…

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…

COMES NOW the Defendant, by and through her undersigned counsel, and hereby respectfully requests this Honorable Court dismiss the December 21 failure to stop at a steady red light traffic citation, which alleges a violation of F.S. §316.075(1)(c)1, and in support hereof, states as follows: 1. On September 11, the…

COMES NOW the Defendant, by and through his undersigned counsel, pursuant to Florida Rules of Criminal Procedure 3.190(c)(4), and respectfully files his Motion to Dismiss, and moves the Court to dismiss the Information filed herein, alleging two counts of leaving the scene of a crash involving death, and in support…

COMES NOW the Defendant, pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure, respectfully moves this Honorable Court to dismiss the charges filed herein, and in support thereof states as follows: Facts 1. The Client is charged by Information with Possession of a Firearm by a Convicted Felon in violation…

COMES NOW the Defendant, by and through his undersigned counsel, and hereby files this Motion To Dismiss for Statutory Immunity from Prosecution, pursuant to Rule 3.190(b), Fla. R. Crim. P. and §§ 776.012 and 776.032, Fla. Stat., and respectfully requests the Court to dismiss the charge of second degree murder,…