Unfortunately, a motion to dismiss a criminal case for lack of evidence doesn’t exist. Tampa criminal attorneys are often asked about this specific motion by their clients. The bad news is this motion does not exist. Florida Rules of Criminal Procedure provides several means to potentially dismiss a criminal indictment or information, but filing one for lack of evidence simply does not exist. While Tampa criminal attorneys are able to file motions to dismiss under Florida Rule of Criminal Procedures, Rule 3.190(c)(4) which essentially alleges that taking the facts in the light most favorable to the state a crime has not been committed. Another potential avenue to file a motion to dismiss is under the Florida Stand Your Ground Statute, which provides immunity to prosecution for the allegations to the indictment or information. While these are our most common available means to file a motion to dismiss a criminal case, a motion to dismiss a criminal case for lack of evidence doesn’t exist.
The reasoning behind this issue is that a determination as to whether there is enough evidence to convict someone of a criminal charge is the determination to be made of a judge at a bench trial or a jury during a jury trial. In short, though, there simply isn’t a motion to dismiss a criminal charge for lack of evidence. While this may be an argument for bond or pretrial release, it’s simply not a situation for a motion to dismiss a criminal case.
If you have questions concerning your Tampa criminal matter and/or a potential motion to dismiss a criminal case for lack of evidence in the matter, contact the Tampa criminal defense attorneys at Hackworth Law for a free case consultation. We’ve handled thousands of criminal cases throughout the entire Tampa Bay area and sit down with our clients to evaluate potential remedies under the Florida Rules of Criminal Procedures to dismiss your criminal charges. If you’d like to contact one of our Tampa criminal attorneys immediately, please use the “contact us now” tab in the upper right-hand corner of our website. We appreciate your time in checking out our Tampa criminal attorney blog and look forward to working with you in your criminal defense matter.