Defense motion to dismiss charges

Defense motion to dismiss charges

At the close of the prosecution's case or at the close of rebuttal, counsel should be prepared to argue for a dismissal of the charges against the defendant.FN21 His or her motion should assert that the prosecution failed to establish probable cause to believe that the defendant committed a computer crime as well as any other crime charged. Prior to moving to dismiss, any motion objecting to the admission of evidence on the grounds of illegal search and seizure or inadequate foundation should be made. If these evidentiary motions are successful, they strengthen the motion to dismiss and reduce the amount of admissible evidence that the court can consider in determining whether or not to hold the defendant to answer.

Counsel may challenge a court's denial of a motion to suppress evidence or a motion to dismiss by way of a writ of prohibition.FN22 A writ of prohibition usually turns in large part on the proof that the court made a mistake of law in finding against the defendant. Therefore, it is crucial to have a record that clearly indicates the basis for the court's failure to grant the defense motion.FN23 The court should be asked to articulate, on the record, its reasons for its ruling.