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12/21/2011 Moving to Dismiss Criminal Charges and Challenging Probable Because It is a function of the prosecuting attorney to make certain that a person is not erroneously charged. In considering
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Moving to dismiss criminal is a legal motion filed by the defense in order to request the court to dismiss criminal charges against the defendant.
The defense attorney representing the defendant is responsible for filing the motion to dismiss criminal charges.
To fill out a motion to dismiss criminal, the defense attorney must include the appropriate legal citations and arguments, supporting evidence, and a clear explanation of why the charges should be dismissed.
The purpose of moving to dismiss criminal charges is to argue that the charges brought against the defendant are faulty, unconstitutional, or lack sufficient evidence, thus warranting their dismissal.
The motion to dismiss criminal should include the name of the defendant, case number, court jurisdiction, a statement of the legal basis for the motion, supporting arguments and evidence, and a request for the charges to be dismissed.
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