What is the purpose of a motion to dismiss in criminal cases?

A motion to dismiss in criminal cases is a formal request from a defendant, or their attorney, to the court. The purpose of such a request is to try to get the charges dropped or dismissed before a trial takes place. In the state of Maryland, a motion to dismiss may be based on several factors, such as lack of jurisdiction, an error in the charging documents, or a variety of other reasons that may be determined by the court. In Maryland, motions to dismiss are considered in pre-trial hearings, which is when both the prosecution and defense can present evidence and arguments to the court before the trial begins. In these hearings, the court will decide if there is enough evidence to move forward with the criminal charges. If a motion to dismiss is successful, the charges against the defendant will be dropped. The primary purpose of a motion to dismiss is to ensure a fair trial. By allowing a defendant to challenge the legality of the charges before the trial begins, they can avoid going to trial if the court finds that the charges are not valid. This helps to ensure that the defendant does not face unnecessary criminal charges. Additionally, motions to dismiss can help avoid lengthy trials by allowing the court to dismiss any charges that are without merit.

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