Legal Question in Criminal Law in Florida

Re: state of florida

Under some circumstances, yes, a Judge can dismiss a case over the objections of the state attorney. For example, if the Defendant files what is called a C-4 motion, stating that there was no crime, the Judge can agree and dismiss the case. That is rare, though.

Also, if on the day of trial the state does not have its witnesses and cannot go forward, the Judge can dismiss the case.

Finally, the Judge can grant what is called a Judgment of Acquittal. If the state presents its case, but fails to prove the elements of the crime sufficiently, the Judge can grant a motion dismissing the case. Again, very rare.

I would be interested to hear more about the circumstances which prompted this question. Please feel free to contact me at your convenience.