Dallas, TX asked in Criminal Law for Texas

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?

Related Topics:
1 Lawyer Answer
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Houston, TX

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!

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.