While the term “dismiss” may be commonly used to describe the result of criminal case, legally speaking, a Motion to Dismiss can only be for specific reasons governed by Florida Rule of Criminal Procedure 3.190(c). Under this Rule, a judge can only dismiss a case under narrow grounds. While winning a Motion to Dismiss is a fantastic result for a defendant, this type of Motion is not always the best option. Advancing a Motion to Dismiss may give up valuable defense theory and/or force the defense to concede harmful facts— facts which, but for the Motion, would be the prosecutor’s job to prove.

A Motion to Dismiss might also follow a successful Motion to Suppress or Motion in Limine where crucial evidence has been thrown out by the judge.

Florida Rule of Criminal Procedure 3.190(c) states in part:

The court may at any time entertain a motion to dismiss on any of the following grounds:

(1) The defendant is charged with an offense for which the defendant has been pardoned.

(2) The defendant is charged with an offense for which the defendant previously has been placed in jeopardy.

(3) The defendant is charged with an offense for which the defendant previously has been granted immunity.

(4) There are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt against the defendant.

The facts on which the motion is based should be alleged specifically and the motion is sworn.

A Motion to Dismiss filed under subsection (4), often referred to as a “C4 Motion,” is a frequent basis asserted to dismiss a case. A motion of this sort, while it might achieve the best result for the case, involves a complex analysis and careful consideration to ensure that the maneuver is not harmful to the case. Under the “C4 motion,” a defendant must swear under oath that there are “no material facts in dispute.” By conceding and swearing that there are “no material facts in dispute” the defendant is affirming that much of the state’s evidence is accurate. But for that affirmation, the prosecutor would be required to prove that evidence during trial.

A Motion to Dismiss is a complex analysis and an attorney needs to know the full evidence in the case to make an effective assessment of the issues. If you or a loved one believes there may be grounds for a Motion to Dismiss and are looking for further guidance, contact me today.

Contact John

Back to Pre-trial Motions