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What Is The Motion To Dismiss In NY Criminal Courts?

Attorneys file several different sorts of motions throughout trial. A motion to dismiss in the interest of justice may be made when one or more factors indicate that the prosecution and conviction of the defendant would result in injustice.

The possible of injustice usually arises from the defendant’s personal situation, or misconduct in the state’s investigation. A clear demonstration that an injustice would result on the defendant must be shown in order to make a motion to dismiss. The judge will only grant the motion when there has been a compelling factor that clearly demonstrates that the prosecution of the defendant, or the conviction of the defendant would result in an injustice. In order to prevent an injustice, a motion to dismiss an indictment is also possible. The right is codified in CPL 210.40.

In certain cases involving minors that occur in family court, a motion to dismiss based on statutory ability is available. The Family Court Act 315.2 omits certain CPL criteria. This family court section does not require consideration of evidence of guilt. The motion to dismiss may be made based on the needs and best interests of the minor.

Though it is possible to make a motion to dismiss, the likelihood of the motion being granted is uncommon. Judges try to grant the motion as sparingly as possible. A judge looks at many factors before granting a motion to dismiss.

The judge will consider the defendant’s history, character, and condition. The judge also weighs the defendant’s previous convictions and the possibility of the defendant’s rehabilitation. The judge considers the possibly of the defendant becoming a model citizen. Defense counsel should try to place before the court evidence of the defendant’s rehabilitation, and that the defendant is worthy of consideration for a grant of motion.

A judge may also look at the defendant’s age. Earlier above it is mentioned that a motion to dismiss in family court when dealing with minors holds a different standard. A similar consideration is taken when dealing with defendants of an advanced age. While a defendant’s advanced age is not in and of itself a consideration that would compel a dismissal, it can affect the severity and the possibility of the judge granting the motion.

Along with the age of the defendant, the mental capacity of the defendant is also considered. The defendant’s mental capacity and their ability to comprehend the crime can affect the motion. A defendant’s mental retardation is a factor to be considered in the interest of justice. Generally, a mental illness does not mandate a dismissal of the charges. If the defendant is found to be mentally incapacitated under CPL Article 730, and thus unable to proceed with trial, a dismissal in the interest of justice is considered improper. Rather, the mental incapacitation of the defendant makes it impossible for the trial to proceed.

In the event that there is government misconduct, a dismissal of the charges in the interest of justice may occur. The government misconduct must be “exceptionally serious misconduct of law enforcement personnel” in the investigation, arrest, or the prosecution of the defendant. Furthermore, the improper issuance of subpoenas to defense witnesses, along with other forms of prosecutorial misconduct will support a motion to dismiss in the interest of justice.

Prosecutorial misconduct can occur in many forms. A prosecutor’s refusal to honor a previously offered agreement would constitute bad faith with respect to the court. This behavior would give cause for the defense to make a motion for dismissal in the interest of justice. For example, if a prosecutor were to later refuse to honor an initial offer to administer a polygraph constitutes as bad faith. A dismissal in the interest of justice in the interest of justice should be granted.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
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Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
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Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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