Legal Question in Criminal Law in Maryland
How do you write a criminal motion to dismiss due to insufficient evidence?
Asked on 8/16/10, 1:40 pm
2 Answers from Attorneys
Phillip M. Cook
Cook Legal Services, LLC
Hire a criminal defense attorney so it can be done correctly the first time.
The above does not establish an attorney-client relationship and is instead for informational purposes only.
Answered on 8/21/10, 3:08 pm
Jason Cleckner
Law Office of Jason Cleckner, LLC
Insufficient evidence is not really a reason to dismiss a charge. It's a reason for the jury to find someone not guilty. Other appropriate motions may be to dismiss for a defective indictment, defects in the institution of the prosecution, etc. etc. may be another option. But motion for judgment of acquittal is made after hearing all the evidence at trial. It is typically done orally instead of writing.
Answered on 8/21/10, 4:31 pm
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