Someone I know is in jail for 8 months now for being a suspect in a robbery and murder charge but there are no evidence that even conforms this charge and there has not been a trial or set date for one to prove one's innocence, does he have the right to ask for a motion to dismiss the case ?
DUI / DWI Attorney
These are issues for trial. There is no such thing as a Motion to Dismiss Because I Didn't Do It. That's what a trial is for. People are not arrested when there is no evidence against them. The police have to have probable cause to make an arrest. If it is a felony, the Grand Jury then reviews the evidence to determine if there is probable cause to issue an indictment. The defendant has the right to demand a speedy trial. However, this is not always in his best interest, especially with such serious charges. The defense attorney needs adequate time to review the State's evidence and conduct his own investigation before being properly prepared for trial. Rushing through the process at this point could guarantee years in prison at the end of the trial.
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8 lawyers agree
" . . . if there is no evidence whatsoever but a so-called witness." The law in every state that I know of, and I am sure South Carolina is no exception, is that the testimony of a single witness, if believed by the trier of fact, is sufficient to convict. As my colleague points out, these are trial issues, not grounds for a motion to dismiss.
7 lawyers agree
Criminal Defense Attorney
Evidence is all things that are presented to a jury. That includes tstimony of a witness.
Defendant does have a right to a "motion to dismiss" It is called a trial.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
Criminal Defense Attorney
If the evidence against him is that bad then he needs an attorney to do a couple of things 1) investigate the issues and point out the lack of evidence, 2) file a bond modification based on the lack of evidence and lack of movement by the state and see if he can get his bond lowered to a level they can afford and he can get out of jail until the trial.
Personal Injury Lawyer
ASctuall, there is really no procedure to ask the court to dismiss a case. Normally, if there is no evidence, you ask the prosecutor to dismiss. Ifthe prosecutor refuses, this means the prosecutor apparently thinks there is sufficient evidence.
3 lawyers agree