Broward Florida Motion to Dismiss Counts of Indictment

Name: Broward Florida Motion to Dismiss Counts of Indictment
Brand: US Legal Forms
Rating: 4.69 (243 reviews)

Category:

Criminal - Dismissals

State:

Multi-State

County:

Broward

Control #:

US-02616BG

Format:

Instant download

Description

Upon motion of a defendant the court may dismiss an indictment in any of the following circumstances:

" When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;
" When more than one offense is charged in a single count;
" When it does not describe a public offense;
" When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;
" When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged; and
" When an improper person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration.

The above is not an exhaustive list.

How to fill out Broward Florida Motion To Dismiss Counts Of Indictment?

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FAQ

A motion to dismiss is not considered a responsive pleading, so a plaintiff is free to amend his complaint to eliminate questions about its legal sufficiency, the 4th DCA said.

How Long Does the Average Case Take? It is impossible to guarantee the length of each case. But on average, most Florida misdemeanor criminal cases resolve within three months. Most felony criminal cases last about 180 days.

The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10- day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.

After the motion is filed, the parties will go to court for a order of dismissal hearing, where they'll have the opportunity to explain their case and answer any questions asked by the judge. After listening to both parties, the judge then decides to grant or deny the motion.

The present rules allow the filing of a Motion to Dismiss on the basis of (a) lack of jurisdiction over the person of the defendant; (b) lack of jurisdiction over the subject matter; (c) improper venue; (d) lack of capacity to sue; (e) pendency of action between the same parties for the same cause; (f) cause of action

In addition to caption requirements, the motion must: (1) be in writing; (2) be signed by the party or party attorney making the motion; (3) state the grounds on which it is based; (4) be served on the adverse party; and (5) be alleged specifically and be sworn to by the defendant.

Under T.R. 53.2, if a judge takes a cause tried to the court under advisement and fails to determine any issue of law or fact within ninety (90) days of the submission of all pending matters, the case may be withdrawn from the judge.

A motion is heard on a 24 day cycle, meaning that when you file a motion, you can expect that your case will be scheduled before a judge within approximately 24 days. There is often times a motion can be delayed when an adjournment is requested or when the court's calendar requires.

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For example, a CEO of a publicly traded corporation was charged in a 16-count securities fraud and tax fraud indictment. Criminal lawImmunityStand Your Ground lawTrial court properly denied motion to dismiss based on Stand Your Ground law.Dismissed Mr. W. was arrested and charged with 6 counts of Possession of Hydrocodone. Upon a filing of a "stand your ground" motion, the prosecution conceded the issue and dropped the case. RESULT: Client is able to return to college, avoid a felony conviction, and, have the charge dismissed after successfully completing the diversion program. Respond to a "motion to dismiss" your suit or a. Amendment right to the assistance of counsel, and it granted the motion to dismiss his indictment. 11 The State appealed. Defendant moved to dismiss the indictment after the judge granted the government's motion for mistrial and discharged the jury. The trial court denied Mr. Thomason's motion to dismiss.

There was no dispute as to facts that the defendant had possessed hydrocodone and that he was charged for the first time pursuant to the new Stand Your Ground law. Further, the evidence presented of the facts surrounding the original prosecution was insufficient to sustain any conviction and Mr. Thomason's motion was denied. The State appealed to the Florida Supreme Court where the Court affirmed. State v. W, 690 So. 2d 1051 (Fla. 2000) (no constitutional right to self-defense, as long as right holder complies with the law). 12 If you can find a case in the courts on Stand Your Ground that provides a good argument, then you can go on to the next legal step and challenge the Stand Your Ground law in court. Once you prove that you were shot and killed under the Stand Your Ground law, you would then need to convince the Florida Supreme Court that the Stand Your Ground law is unconstitutional.

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Broward Florida Motion to Dismiss Counts of Indictment

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Is a motion to dismiss a pleading in Florida?

How long does it take for a case to be dropped in Florida?

How long does a judge have to answer a motion Florida?

What happens after a motion to dismiss is filed in Florida?

Can a defendant file a motion to dismiss?

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Interesting Questions

What is a Broward Motion to Dismiss Counts of Indictment?

Why would someone file a Broward Motion to Dismiss Counts of Indictment?

Can only the defendant's attorney file a Broward Motion to Dismiss Counts of Indictment?

What happens if the Motion to Dismiss Counts of Indictment is granted?

What happens if the Motion to Dismiss Counts of Indictment is denied?

Can a Broward Motion to Dismiss Counts of Indictment be filed for all charges in the indictment?

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