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

A motion to dismiss is a legal process in which a defendant can attempt to have a criminal charge dismissed before the trial begins. In Kansas, the purpose of a motion to dismiss is to bring to the court’s attention any defense that the defendant may have, as well as any problems with the prosecution’s case that might prevent it from proceeding. This may include evidence which was obtained illegally by law enforcement or facts that contradict the prosecution’s claim that the defendant committed a crime. Additionally, if the prosecution has failed to meet certain procedural requirements for criminal cases, the motion to dismiss can point out those errors and argue that the case should not go forward. If the court grants the motion to dismiss, then the criminal charge is dismissed and the defendant avoids prosecution. Alternatively, if the motion is denied, then the criminal case will proceed and the defendant will face the charges before a jury of his or her peers. Regardless of the court’s decision, the motion to dismiss provides the defendant with an opportunity to argue for a dismissal of the charge before the trial begins. Because of its importance, motions to dismiss in criminal cases in Kansas should be taken seriously and taken into consideration during the preparation of the case.

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

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