Legal Question in Criminal Law in Florida

dismiss charges

what steps does one have to do to ask a judge to dismiss charges... .Does The charges have to be surpressed and reduced first?


Asked on 6/07/08, 10:47 am

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: dismiss charges

It depends on the grounds you wish to use to dismiss the charges. For instance, if the facts don't support a criminal charge, you may want to file a motion to dismiss under Rule 3.190(c)(4). If you want evidence to be thrown out, you file a motion to supress and, if granted and if there is insufficient evidence remaining, the prosecutor will dismiss the charges.

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Answered on 6/07/08, 12:30 pm
Valerie Masters Valerie Masters, P.A.

Re: dismiss charges

Judges cant dismiss charges unless there is no probable cause.

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Answered on 6/07/08, 4:32 pm


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