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Crimes

Defense Motions to Get a Case Dismissed in Port Charlotte, Florida


— December 6, 2021

A person has options before them to have their voice properly heard such as the ability to file a motion based on one’s personal circumstances.


Whenever a person is called to court for a suspected crime, one of the best scenarios for them is if the court decides to dismiss their case. Getting called in for a crime and being arrested is both scary and confusing, and calling a criminal defense attorney is one of the best ways a person can ascertain that their voice is being heard. 

One of the most intense cases is when a person is arrested for a crime they did not commit. Based on how much evidence the prosecution has and a person’s situation, they will have to convince the court that they are innocent of the crime. This is best done through the assistance of a personal injury attorney.

In nearly all cases, the individual accused of the crime has no idea what the legal process is, and this can leave them feeling even more scared. The truth is that no matter what sort of a crime a person is accused of, there is a general protocol that will be followed. 

A person has options before them to have their voice properly heard such as the ability to file a motion based on one’s personal circumstances. A motion is the request for a judge to decide on an issue before, during, or after a full trial takes place. The motion a person files varies based on the facts of the case, applicable law, whether the case was mishandled by police, and the charges filed against a person.

The sooner a person is able to get an attorney on their case, the easier it will be for them to get through the difficult process on their own.

Image by Sofia Sforza, via Unsplash.com.
Image by Sofia Sforza, via Unsplash.com.

Some common defenses that an attorney may put into effect include:

  • Self defense
  • Motion to dismiss on factual grounds
  • Motion to dismiss due to the statute of limitations
  • Motion to dismiss due to lack of speedy trial

A criminal defense attorney will be able to decide what the best course of action is and what defense will best protect a person based on what crime they are being accused of and other details of their situation.

Motion to dismiss due to insufficient evidence in Charlotte, Florida

If the prosecutor is lacking in evidence, then a person can use the defense of insufficient evidence to have their case dismissed. No matter how big or small the legal situation seems, the defendant should always connect with an attorney first to make sure they are not being taken advantage of in any way.

Get in touch with a criminal defense attorney at Lewis Law as soon as possible to get proper legal assistance in one’s criminal case.

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