Legal Question in Criminal Law in Florida
resisting arrest
I have a video tape which contradict all of a offices allegations and charges aginst me the state wants to dimiss all exept 1 after vewing the tap they see he is lying. Is there a motion to get it all dismissed ? the officer is not cedible.
Asked on 12/16/08, 11:54 am
1 Answer from Attorneys
Kelly Papa
Law Office of Kelly Papa
Re: resisting arrest
Motions to dismiss are properly filed when there are no disputes of fact. In your case, the officer is lying, so there is a dispute of fact, so the remedy is a trial rather than a motion to dismiss. You should contact an attorney, but if their case is that bad, if you set it for trial, they may very well drop it.
I hope this helps.
Answered on 12/16/08, 9:38 pm
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