charges are misdemeanor simple battery. DA have no evidence, no harmful intent, nothing whatsoever to prove the act was committed in the first place - save only hearsay testimony (fabricated "story"). no intent can be proven that justifies that the alleged act was to cause harmful or offensive contact against alleged "victim". thank you.
There really isn't such a thing as a motion to dismiss under these circumstances. You'll have difficulty fighting this case without a lawyer, so hire one immediately.
Sure, you can ask the judge to dismiss the case at arraignment and when he's done laughing, he'll enter a not guilty plea and schedule your case for a trial. Plead not guilty and demand a speedy trial. If the state cannot prove it's case, you will (hopefully) be acquitted--assuming the jury agrees with your assessment of the evidence. Hire a lawyer.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
Plea and Arraignment is not the time for defenses. It's simply a day to say yes or no to the plea deal that is offered by the State.
You really should hire an attorney to help you with the remainder of the process, and to make the right motions for you at the appropriate times.
An arraignment is not the proper place/time to move to move to dismiss a case. You need to plead not guilty, request a trial date, and file motions on your behalf.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
Wow, it sounds like you have it all figured out. Except the part where the testimony of a single witness is enough to convict. And a victim on the stand saying what happened to them is NOT hearsay and CAN prove intent.
You're in over your head. Hire a lawyer.
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