What is a Clayton motion?

Asked over 2 years ago - Watervliet, NY

lawyer mentioned it, but did not explain

Attorney answers (4)

  1. Howard A. Schwartz

    Contributor Level 19

    2

    Lawyers agree

    1

    Answered . A clayton motion is a request to dismiss a case in the interest of justice. There are numerous factors to be considered by a judge before deciding whether or not to grant the request. Your lawyer should be able to explain further. Good luck.

    I have been a criminal defense attorney in New York for over 20 years. Feel free to view my website at Brooklynlaw.... more
  2. Benjamin J Lieberman

    Contributor Level 20

    Answered . A clayton motion is an application to the court to dismiss a case in the interest of justice. There are a variety of reason on which to base such a motion and you should discuss this with the attorney.

  3. Richard C. Southard

    Pro

    Contributor Level 19

    Answered . The other attorneys are correct it is a motion to dismiss in the interest of justice. Sometimes a judges hands are tied by strict legislative guidelines and mandatory minimums and the result is unjust. This is a way to try and get around that.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more
  4. Joseph A Lo Piccolo

    Contributor Level 20

    Answered . A Clayton motion is an application by the defense to dismiss the charges in the interest of justice (good cause).

    So even if the evidence is stroong and/or person is absolutely guilty, the defense argues that there is mitigation which would justify dismissal of the charges most likely over the prosecutors objection.

    Ultimately, the judge makes the final call.



    Joseph A. Lo Piccolo, Esq.
    Hession Bekoff & Lo Piccolo, LLP
    President, Criminal Courts Bar Association of Nassau County
    1103 Stewart Avenue, Suite 200
    Garden City, NY 11530
    (O) 516-408-3666
    (F) 516-408-3833
    Jlopiccolo@hbclaw.net

    Sent from my Verizon Blackberry

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