HOW TO DISMISS CRIMINAL CHARGES WHERE FACTS ARE NOT IN DISPUTE IN CLEARWATER PINELLAS TAMPA FLORIDA
Where the facts are undisputed by both the State of Florida and the Defense and the facts relied upon by the State are not sufficient, the Defense may file a Motion to Dismiss the criminal charges with the Court.
In the motion to dismiss the Defense will give all of the facts of the case with a memorandum of law which establishes that under the law guiding the set of facts described no crime was committed. The facts must not be at issue.
The state will have an opportunity to review the defense motion to dismiss the case. If the facts are in dispute then the state will file what is known as a traverse. A traverse is a motion to the court which details facts which are in dispute. When a traverse if filed by the state the motion to dismiss will likely fail unless it can be shown that the traverse is mistaken.
Even if the state does not dispute the facts, the state may dispute the law. If so, at a hearing before the judge both sides will agree to the facts of the case and submit their arguments as to what the applicapable criminal law is. The judge will then make a decision as to whether to grant to Defense Motion to Dismiss which is subject to appeal.