The Motion to Dismiss a Criminal Case in New York

The Charge and Defense

Under New York criminal law the criminal defense attorney has the right to file a written motion to dismiss any criminal charges. The motion can also contain a demand for other relief for the accused but the main goal of the motion is a dismissal of the case.

Recently in Dutchess county in the Town of Kent a motorist was charged with DWI and in Westchester County a motorist was charged with DWI in Mount Vernon. A motion to dismiss can be made in any court for these types of cases or for other offenses such as a drug charge, sex offense, white collar crime. The top criminal defense attorneys prepare for the motion to dismiss as soon as possible.

The Omnibus Motion

The Omnibus Motion is a motion that must be filed within 45 days of the accused's arraignment. The Omnibus Motion is a motion to dismiss and for all other relief the accused is seeking. The Omnibus Motion usually includes the following:

1. Dismissal of the case
2. Motion for Discovery
3. Hearings on Statements made by the accused
4. Identification evidence of the accused
5. Suppression of evidence
6. Review of Grand Jury minutes
7. Suppression of the accused's bad acts and prior convictions
8. Sever the charges
9. Server co-defendants
10. Change of venue

The examples above are the primary examples in a criminal defense motion.

Sufficiency of the Motion

The criminal defense attorney must be careful to be sure the Omnibus Motion is sufficient. The motion usually consists of a statement of facts by the attorney and a memorandum of law by the attorney but equally important is a sworn statement by the accused regarding the case and the issues to be resolved. The criminal defense attorney will interview the client and write the statement for the client's signature.

The statement is important because it will be a first hand sworn accounting of what took place. For example in a drug case the accused has first hand information on the police's actions.

The Judge's Decision

The judge will usually issue a written decision on each issue raised in the defense attorney's motion to dismiss including dismissal of the entire case. This decision will provide information about how the case will proceed.