Atlanta, GA asked in Criminal Law, Civil Rights and Constitutional Law for Georgia

Q: How do you move for a dismissal in Georgia? There are a ton of reasons why my case should be dismissed...but no motion?

Reasons for dismissal include the fact that there wasn't sufficient grounds to bound over the charges to begin with, fabricated, and falsified police reports glaringly ovbious in the inconsistencies, officer lied in the police repiort, said he checked cameras but store owner testimony is that they didnt even have any outdoor cameras, ive been drug along for three years worth of resets and passed around between 4 different conflict attorneys at no fault of my own, instead because the state didn't pay for their services or never turned over the discovery materials, now the PD's office told the judge that they wouldnt be able to pay for another conflict attorney and the judge has decided to set my case for trial despite my indigence and lack of representation, i cant remmeber clearly but i think i was never miandized, i'm pretty sure the search was illegal because the traffic stop was illegal (based on the evidence obtained from cameras that dont exist) i was told plea deal or 3y jail.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: To move for a dismissal in Georgia, you need to file a motion to dismiss in the court where your case is being heard. This motion should clearly outline the legal and factual reasons why you believe the case against you should be dismissed. Given the complexities you've described, including issues with evidence, representation, and potential constitutional violations, it's crucial to present these arguments coherently and persuasively.

In your motion, you can argue that the charges against you were not properly bound over, highlight the inconsistencies and alleged falsifications in the police reports, and challenge the legality of the traffic stop and subsequent search. If you believe your Miranda rights were violated, this should also be addressed. The ongoing delays and issues with your legal representation are concerning and should be raised as part of your argument for dismissal.

Since you're currently without representation and facing trial, it's urgent to seek legal assistance. If you're unable to afford an attorney, you should inform the court of your indigence and request the appointment of counsel. It's your right to have legal representation, especially when facing the possibility of jail time.

Remember, filing a motion to dismiss is a formal legal process, and the outcome will depend on how well your arguments are presented and the specific details of your case. It's in your best interest to have legal support to navigate this process effectively.

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