Orlando, FL asked in Criminal Law for Florida

Q: If the state was ordered to provide such a documents

In the motion of discovery. And failed to submit half of them. Due to there being a lack of evidence now, can we ask for a motion to dismiss based on lack of evidence to convict

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Jonathan Blecher
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  • Criminal Law Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: Your attorney is the best person to answer this for you, since he/she has a full knowledge of the facts. A Sworn Motion to Dismiss is the pretrial effort to toss the case. That motion lays out what the undisputed material facts are (as established by the evidence) and argues that the facts do not establish a prima facie case of guilt. However, if there is a dispute as to what the facts are, or if intent is an issue (that is a jury question), the motion will be denied in all likelihood.

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