#Motion to dismiss criminal trial

If the officer sees a person matching that description hiding in a doorway down the street, she likely has probable cause to arrest. For instance, after the liquor store robbery, an eyewitness to the robbery describes the robber to the police officer as a person wearing a red jacket with a dragon emblem and carrying a knife with a long blade and black handle.

The officer must have a reasonable belief based on objective, factual circumstances. A police officer can't arrest a person simply because he has a gut feeling the person just robbed the liquor store down the street. In order to arrest a person, police must have probable cause to believe that the person committed a crime. Let's review how these situations might play out.

loss of evidence necessary to prove the defendant committed the crime.

an unavailable witness who is necessary to prove the defendant committed the crime, and.lack of evidence to prove the defendant committed the crime.

an improper criminal complaint or charging document.And, generally, the first task for a defense attorney in a criminal case is to determine whether there are any grounds on which the case could be dismissed before a plea or trial. Many cases end up being dismissed by the prosecutor or the court.

#Motion to dismiss criminal trial

Not every defendant who faces criminal charges will proceed to trial or a plea.