Motions to Dismiss in Florida Criminal Cases

If you are facing criminal charges in Florida, motions to dismiss offer a powerful pretrial strategy that could avoid conviction and preserve your freedom. As experienced Florida criminal defense attorneys, we know how and when to file these motions to put your best case forward.

There are two main types of dismissal motions in Florida:

Legal Motions to Dismiss

These challenge defects in the charging document or legal bars to prosecution. Grounds include:

Procedurally, a motion to dismiss must:

  • Be in writing and signed
  • State specific legal grounds
  • Contain a certificate of service
  • Have a proper caption and title

If granted, charges are dismissed but can potentially be refiled if defects are cured before the expiration of the statute of limitations. Dismissal on legal grounds alone does not prevent reprosecution.

Factual Motions to Dismiss

Also called “C4 motions,” these allege undisputed facts fail to establish a prima facie case of guilt. Legally sufficient C4 motions must:

  • Allege material facts are undisputed
  • State specifically what undisputed facts are
  • Show how facts fail to establish guilt or prove a defense
  • Be sworn and based on the defendant’s personal knowledge

If sufficient, the burden shifts to the prosecution to file a traverse denying disputed facts or a demurrer arguing the facts do establish guilt. If facts are traversed, the motion must be denied. If demurred, the court reviews whether undisputed facts prove guilt.

In deciding a C4 motion, the court cannot resolve disputed facts or witness credibility. All inferences are made in favor of the state. State-of-mind issues like intent generally are not appropriate for determination on a C4 motion.

If granted, charges are dismissed but can be refiled if new evidence appears before the statute of limitations expires. C4 dismissals do not prevent reprosecution.

Should You File a Motion to Dismiss?

Smart defense lawyers do not file motions to dismiss in every case—sometimes, proceeding directly to trial is better strategically. But in many cases, properly filed dismissal motions can provide huge benefits, including:

  • Avoiding trial and associated risks
  • Preventing a criminal conviction
  • Saving substantial legal expenses
  • Protecting your record and freedom

Trust Experienced Criminal Defense Attorneys to Handle Your Defense Strategy

As experienced Florida criminal defense attorneys, we will thoroughly review your case and determine if motions to dismiss offer the best chance of success. We will handle all legal filings and argue vigorously before the court.

CALL US NOW for a CONFIDENTIAL INITIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact our law office requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.

THERE ARE THOUSANDS OF LAW FIRMS AND ATTORNEYS IN SOUTH FLORIDA. ALWAYS INVESTIGATE A LAWYER’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A CRIMINAL DEFENSE ATTORNEY ATTORNEY FOR YOUR MIAMI-DADE COUNTY CASE