Will the prosecutor drop the charges if they havent found any evidence against the individual?
1. Motions may be filed any time, if not with the court itself then with the clerk of the court. A motion may not be heard until both sides have had adequate time to respond appropriately. If you try to file something on the spot to get a ruling, that will likely not happen.
2. The prosecutor SHOULD drop charges if there is little or no evidence to convict. If they do not, the ultimate remedy is to put the matter before a finder of fact - the judge or jury.
The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.
Criminal Defense Attorney
Yes, you can file a motion any time you want, however a judge probably will not entertain the motion unless is is specifically set for a hearing. As to your second question. It depends.