If I Act As My Own Attorney, Where Can I Find A Template For A Motion To Dismiss Charges For Lack Of Evidence?
Friday, November 13th, 2009 at
3:20 am
I think my case is going to get thrown out. If I write the motion on my own, I would prefer to. If the motion is denyed, I will hire representation.
Now, all that being said, where can I find an example to write one from?
Tagged with: Attorney • Charges • Dismiss • Evidence • Find • Lack • Motion • Template
Filed under: Attorney FAQ
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You really should contact an attorney… however, if you really want to do it yourself.. go to your local/county law library… ask the librarian for the criminal forms of pleading and practice. For example, where I practice the book is called California Criminal Forms of Pleading and Practice.
Seek out the correct form and it will contain a sample form with points and authorities, how to file it, serve it, calendar it, etc.
Good luck. An attorney preparing this form would be a much much better choice.
I echo Daniel’s comments, with the exception that I don’t practice nor am I licensed in California. However, there are similar books in every state.
That being said, the other comments above are also very true. The legislatures of the various states did not pass two sets of laws: one for lawyers to follow and the other for everyone else. If you represent yourself, you CANNOT use the excuse of incompetent representation, even if you are in fact incompetent to represent yourself.
A motion to dismiss may or may not be the appropriate motion to file here. There are a lot of questions an attorney would want answered before making that kind of decision, including, (but not limited to), has the prosecution provided the defense with all the evidence that they have? They are required to do so. The prosecution is also required to turn over any exculpatory evidence they have.
I realize that you may be trying to save yourself some money, but you will save yourself more money by hiring an attorney to do it right the first time. In addition, as was pointed out, in some cases, an attorney may not be able to undo a screw up. Also, if your motion is not properly pled, even if there is insufficient evidence, it may be denied.
For a referral to a criminal defense attorney, contact your local or state bar association.
In my state, there is no such thing. if the charge was a felony and you wish to argue that the evidence at the preliminary hearing was insufficient, you do that by a petition for writ of habeas corpus. In a misdemeanor case, one tests the sufficiency of the evidence at trial. There is no provision for dismissal before trial based on what might or might not be presented at trial. The other option is a motion for a directed verdict after the state rests its case in the trial.
If you write it wrong, you will piss away the only chance you have to have your case dismissed. Now is the time to hire an actual lawyer and let him do his job. If you screw this up and it goes to trial, instead of paying someone a $1000 to do one motion you’ll be paying someone $10,000 to do a two day trial, minimum.
Ouch! If you do not have a lawyer, you may screw it up so much, a lawyer may not be able to repair the damage. The old saying is: “Anyone who represents himself has a fool for a client.” At the very least, you can write up what you want to say in your “Motion to Dismiss” then take it to a lawyer so he or she can review it. A consultation will not be as costly as full representation.
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