In a criminal case, a lot happens before the trial even begins. The longest phase is typically discovery, where your defense attorney investigates the allegations and gathers evidence. Following that is the pretrial motions phase where your lawyer uses the information collected to challenge the case against you.
A motion is a formal request to the judge, asking them to decide an issue in the case. Depending on the facts, your lawyer might file several motions before trial. One of the most powerful is a motion to dismiss. If successful, this motion can end your case entirely, meaning you’re free to walk away without facing trial.
To learn more about filing a motion to dismiss in Pennsylvania, contact Fienman Defense at (215) 839-9529 or schedule a free consultation online.
What is a Motion to Dismiss?
In a motion to dismiss, you ask the judge to end the case based on a specific substantive or procedural issue. The prosecutor also can ask for a dismissal if they agree to end the case permanently or want to temporarily end the case to refile with different charges or evidence later.
A Motion to Dismiss in Pennsylvania
Rule 587 (234 Pa. Code §587) controls motions to dismiss in Pennsylvania. It specifically describes the procedure if you argue that the charges weren’t filed in a reasonable time or the charges violate double jeopardy.
When Will a Lawyer File a Motion to Dismiss?
Your lawyer needs to have a good reason to file a motion to dismiss. They must support the motion with a strong argument, whether they base the argument on a substantive issue, like a lack of evidence, or a procedural issue, like a violation of your due process.
Common reasons to file a motion to dismiss are:
Insufficient Evidence
Your lawyer might file a motion to dismiss because the prosecutor clearly lacks evidence to meet their burden of proof. You’ll argue it’s obvious the prosecution doesn’t have enough evidence to prove each element of the offense beyond a reasonable doubt.
Lack of Probable Cause
The police must have probable cause to arrest you. Either an officer has probable cause based on the circumstances, or they explain their cause to a judge who signs an arrest warrant. If you were arrested based on little-to-no facts that you were involved in a crime, your lawyer would argue the police lacked probable cause and violated your rights by arresting you.
An Illegal Search or Seizure
The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures. If the police unlawfully stopped, detained, or searched you or your private property, this may be a basis for a judge to rule certain evidence is inadmissible or to throw out your case entirely.
The Statute of Limitations
You might argue that the prosecutor brought charges after the statute of limitations for the offense ran out.
Unconstitutional Delay of Trial
The Constitution grants you the right to a speedy trial. If the government caused unreasonable and excess delays in your case, you could argue it violated your Constitutional rights and ask for the judge to dismiss the case.
Double Jeopardy
You can’t be prosecuted for the same crime twice. If the attorney is trying to prosecute you for a crime that you already defeated, or for a similar crime arising from circumstances you also faced charges for, you can argue the prosecutor is violating the rule against double jeopardy.
Prosecutorial Misconduct
Prosecutors must abide by many ethical standards. If your lawyer discovers the prosecutor has behaved unethically to gain evidence against you or to sway the judge or jury in their favor, you can file a motion to dismiss.
Due Process Violation
Due process isn’t just one thing – it’s numerous rights and procedures that ensure the law is applied fairly to everyone accused of a crime. Your lawyer will scrutinize everything that’s happened in your case, from the initial investigation and arrest until now, to determine if the police or prosecutor violated due process.
Your Lawyer Will Need to Argue the Motion
The process for filing a motion to dismiss varies by state and court, but it typically starts with a written motion submitted before trial. Once filed, the prosecutor receives a copy and is given time to respond. You’ll usually need to attend a hearing where both sides present their arguments to the judge.
Because the judge will hear arguments from both the defense and prosecution, it’s crucial to have an experienced criminal defense lawyer by your side. While it’s legally possible to represent yourself, doing so is risky. Without a solid understanding of the law, you may not recognize when you have valid grounds for dismissal — or how to argue effectively. A skilled attorney knows the proper procedures, legal standards, and how to persuasively make your case before the judge.
What Happens if You Win a Motion to Dismiss?
If the judge grants the motion, your case will be dismissed — either with prejudice or without prejudice. The difference lies in whether the charges can be brought again.
With Prejudice
A dismissal with prejudice means the case is closed for good. The prosecutor cannot refile the same or similar charges based on the same events.
Without Prejudice
A dismissal without prejudice means the case is dismissed for now, but the prosecutor can still investigate, strengthen their case, and refile charges in the future. However, they’re still limited by the statute of limitations, which sets a legal deadline for when charges must be filed.
Talk with Fienman Defense About Filing a Motion to Dismiss
It’s tough to know whether filing a pretrial motion to dismiss is the right call in your case without talking with a lawyer. Michael Fienman has years of experience handling criminal charges. He’ll thoroughly review your case and look for any valid reason to ask for a dismissal.
Call (215) 839-9529 today or fill out our online contact form to schedule a free, confidential consultation.
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