Q: What is the standard for dismissing a class C criminal case?
This relates to a class C misdemeanor case (disorderly conduct) in a municipal court in TX.
If after the discovery the State fails to produce any credible evidence that could or would result in a conviction beyond reasonable doubt in a jury trial, can that be used as basis for dismissal, namely as arguments in a motion to dismiss?
Is there any case law that addresses this situation?
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A:
Texas does not have any simple vehicle for a motion to dismiss a criminal case. Your best move is to file a Speedy Trial Motion. If the State has no evidence against you, they will not be able to put on their case at trial, and the case will be dismissed. There are some very specific issues that can result in a dismissal, but they usually involve ownership of an item or technical facts that preclude (remove) prosecution. Like no victim in an assault.
I hope this helps.
Good Luck!
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