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.
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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.
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.
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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
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