Motion to Dismiss

This is a discussion on Motion to Dismiss within the Other Criminal Law Matters forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; How can a defendant file for a motion of dismiss if he was wrongly accused of murder. The DA has ...

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Old Feb 15th, 2008, 12:59 PM   #1
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Default Motion to Dismiss

How can a defendant file for a motion of dismiss if he was wrongly accused of murder. The DA has not evidence against the defendant and they actually have a person in custody who has admitted to committing the crime. The innocently accussed defendant has been incarcerated for 1yr. Can the defendant file for a bail hearing as well.
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Old Feb 15th, 2008, 08:10 PM   #2
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Default Re: Motion to Dismiss

Was the first person convicted?
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Old Feb 17th, 2008, 02:00 PM   #3
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Nobody was convicted. They have Mr.G and his co-defendants going back and forth to court. The DA keep postponing the trail in attempts to find evidence agaisnt Mr.G. Mr.G has been sitting in jail for 1yr waiting.
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Old Feb 20th, 2008, 08:38 PM   #4
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You can file a motion presenting the other confession and evidence and asking for his release...

Get the public defender involved if you cannot hire counsel.

...best not to do this alone.
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Old Feb 28th, 2008, 05:47 PM   #5
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Default Re: Motion to Dismiss

Can Mr.G appeal if he was found guilty on a gun charge. Just to give a little more details, Mr.G was in a house that was raided and guns were retrieved. Mr.G fingerprints were not on any of the weapons. Also there were other people in the house who were arrested along with him. The owner of the house claim one of the guns was his and she stated he carries it around all the time. If that were true, his fingerprints should have been on the gun. The reason the courts found him guilty was based on his past record. How can he go about an appeal?
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