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Motion To Dismiss Criminal Case
Motion To Dismiss Criminal Case
Motion To Dismiss Criminal Case
MOTION TO DISMISS
COMES NOW, the accused [name of accused], through counsel and unto this Honorable Court,
respectfully avers that:
1. The accused is charged with [insert the crime charged] in violation of [insert the provision of law
violated], and the case is currently pending before this Honorable Court.
2. The accused is entitled to the presumption of innocence, and the burden of proof rests on the
prosecution to establish guilt beyond reasonable doubt.
3. However, the evidence presented by the prosecution during the preliminary investigation and
the subsequent proceedings does not establish probable cause to hold the accused for trial.
4. [Insert the specific grounds for the motion to dismiss. For example, lack of probable cause,
violation of the accused's constitutional rights, failure to comply with procedural requirements,
etc.]
5. Therefore, the accused respectfully prays that this Honorable Court grants the motion to dismiss
and dismisses the case against the accused.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that this Honorable Court grants the motion
to dismiss and dismisses the case against the accused.
[Insert other pertinent details and certifications required by the court rules and procedures.]