When can a motion to dismiss be filed in California? In many cases, a lawyer may file your motion to dismiss at any point in your criminal case. However, these motions are generally filed early after you are arrested.
You can learn about the best time to file a motion to dismiss in this article. You can also review the uses of a motion to dismiss in California. Consider how this motion could resolve your case if you are accused of driving under the influence (DUI) or charged under Vehicle Code Section 23152.
Find Out When to File a Motion to Dismiss
You can file a motion to dismiss at almost any point after you are arrested in California. However, a lawyer usually waits to file motions until after completing a period of “discovery.” During discovery, your lawyer will dig into your case and gather evidence about your charges.
Your lawyer can then attend a pre-trial hearing with the judge and the prosecution. At this hearing, your lawyer may make a number of motions on your behalf, including a motion to dismiss. This usually allows your lawyer to ensure the motion is well-constructed before presenting it to the court.
Consider the Outcomes of Filing a Motion to Dismiss
The judge will then assess your motion after it is filed with the court. The judge may decide to allow the prosecution to “respond” to your motion. Court rules in California usually allow 15 days for a response to court motions, including motions to dismiss. The court will then:
- Dismiss your charges
- Refuse your motion
Your case ends if a judge accepts your motion to dismiss. However, not all cases are dismissed the same way. Some cases are dismissed “with prejudice.” You cannot face the same charges again if a case is dismissed with prejudice. Other charges are dismissed “without prejudice.” The prosecution may bring these charges against you again.
A judge can also refuse to dismiss your charges. In this case, you must seek a different method to resolve your charges. Find out more about motions to dismiss by contacting a DUI lawyer. Just call (310) 997-4688.
Other Motions Associated with California DUI Charges
Your lawyer may also help you file a number of other motions after a DUI arrest. A motion to dismiss is only one option. Your lawyer could also file a:
- Motion to suppress evidence
- Motion to request a Romero hearing
- Motion to request a Pitchess hearing
A motion to suppress evidence is generally straightforward. Your lawyer would attempt to block the prosecution from using evidence against you. This hearing may apply if a police officer broke the law during your arrest, for example.
A Romero hearing will only apply if you have past “strikes” on your record. California is a three strike state. That means that some felonies will count against you during subsequent criminal trials. A Romero hearing can temporarily stop those strikes from affecting your case.
Finally, your lawyer might request a Pitchess hearing. This hearing allows a lawyer to focus on the past actions of the officer who arrested you. The results of this hearing may discredit the arresting officer. This could weaken the prosecution’s case.
Additional Ways to Resolve a DUI Charge in California
A motion to dismiss may not always succeed after you are charged with a DUI. This does not mean you have to simply accept the charges you are facing. A lawyer can continue to work on your defense. Your lawyer might be able to help you:
Secure a Plea Bargain
Many DUI cases in California end with a plea bargain. Plea bargains are deals offered by the prosecution. They allow you to seek reduced penalties. However, you do end up with a guilty verdict on your record if you take a plea bargain for a DUI offense.
Build a Courtroom Defense
Your lawyer might also stand up for you in front of a judge and jury. Your lawyer could work to bring you a verdict in your favor here in California. Members of the Simmrin Law Group know which defenses work for DUI charges, so contact us now.
Find Out From a Lawyer When to File a Motion to Dismiss
When can you file a motion to dismiss DUI charges in California? You can file this motion at any time during your case. However, motions to dismiss are often filed early in a criminal case. You can focus on the best time to file your motion by contacting the Simmrin Law Group. Speak to a DUI lawyer in Los Angeles right now. Just call (310) 997-4688. You can also fill out our online contact form.
We’re ready to offer you a free consultation after a DUI arrest.