Due Process & Motions to Dismiss
Motion to Dismiss Criminal Charge in Illinois
A criminal charge must satisfy certain pleading requirements. That is, it must specify the name of the accused, the statute that was violated, and the nature of the offense (the elements of the offense). One law professor says that you can usually guess the elements of a criminal charge: for example, in kidnapping, there must be a kid, and there must be a napping.
Motion to Dismiss Before Trial
If the prosecution files a charge that does not specify the above information, then the defendant can file a motion to dismiss. The most common grounds for a motion to dismiss a criminal charge are that the charge violates due process. For example, the charge could be vague, which occurs where it is impossible to tell the point at which the defendant’s conduct became criminal. If the State charges a defendant with STEALING A LOT OF MONEY, the question is, what is A LOT of money? Five dollars or five thousand? The charge is vague unless something defines what A LOT of money is.
Or the charge could be ambiguous, which happens when the charge means two different things (e.g., a double meaning). If the State charges a defendant with STEALING A JAGUAR, it could mean the defendant stole a luxury automobile, or that the defendant stole someone’s pet jaguar.
Another basis on which a criminal charge can be dismissed is where the charge alleges more than one act, and any act is enough by itself to prove the defendant guilty. For example, if the State charges the defendant with DISORDERLY CONDUCT FOR BEING DRUNK OR OBNOXIOUS, then the question is, which is it that proves the defendant guilty? Being DRUNK or OBNOXIOUS?
These are all common reasons for the dismissal of criminal charges.
Motion to Dismiss After Being Found Guilty (Conviction)
If a defendant is convicted at trial and files an appeal, the defendant can file a motion to dismiss the charge for the first time on appeal. When this occurs, the appellate court will review the charge to determine whether it states the nature of the charge, allows the defendant to prepare a defense, and whether it prevents double jeopardy.
Motion to Dismiss Criminal Charge When there is No Evidence of Guilt
When a defendant wants to have charges dismissed because there is no evidence proving that he or she committed the crime, the court will usually require the defendant to stand trial. The reason is, a motion to dismiss does not allow the defendant to present evidence of innocence. When a defendant files a motion to dismiss, the judge reviews the charge, and assumes all of the allegations are true. The judge will only dismiss a charge when the charge itself violates due process for some reason (i.e., vague or double-meaning).
There is one exception. If a criminal charge alleges conduct which could not possibly be true or there is absolutely no evidence whatsoever indicating that the accused committed a crime, then the court does have inherent authority to dismiss a charge. For example, if the indictment alleges that Attorney Johnny Cocharan committed murder in that he killed OJ Simpson, then that would be subject to dismissal because it is impossible. OJ is still alive and his former attorney therefore could not have killed him.
Motion to Dismiss for Prosecutorial Misconduct or Perjured Testimony
A defendant may be entitled to dismissal of an indictment for prosecutorial misconduct where the State knowingly presented false evidence (e.g., perjured testimony in which a witness lies under oath) to the grand jury. Judges are very reluctant to grant these motions unless it can be shown that there was intent to deceive the grand jury or reckless disregard for the truth. Also, assuming the court does grant the motion to dismiss, the prosecution may still legally re-file the charges by presenting truthful evidence to a grand jury.
If you or someone you know has an criminal case pending in Illinois, or a Federal case in any State, contact us at (773) 848-4444 or Attorney Liz our resident State criminal law expert at (773) 544-1370. All inquiries are completely confidential.
A criminal charge must satisfy certain pleading requirements. That is, it must specify the name of the accused, the statute that was violated, and the nature of the offense (the elements of the offense). One law professor says that you can usually guess the elements of a criminal charge: for example, in kidnapping, there must be a kid, and there must be a napping.
Motion to Dismiss Before Trial
If the prosecution files a charge that does not specify the above information, then the defendant can file a motion to dismiss. The most common grounds for a motion to dismiss a criminal charge are that the charge violates due process. For example, the charge could be vague, which occurs where it is impossible to tell the point at which the defendant’s conduct became criminal. If the State charges a defendant with STEALING A LOT OF MONEY, the question is, what is A LOT of money? Five dollars or five thousand? The charge is vague unless something defines what A LOT of money is.
Or the charge could be ambiguous, which happens when the charge means two different things (e.g., a double meaning). If the State charges a defendant with STEALING A JAGUAR, it could mean the defendant stole a luxury automobile, or that the defendant stole someone’s pet jaguar.
Another basis on which a criminal charge can be dismissed is where the charge alleges more than one act, and any act is enough by itself to prove the defendant guilty. For example, if the State charges the defendant with DISORDERLY CONDUCT FOR BEING DRUNK OR OBNOXIOUS, then the question is, which is it that proves the defendant guilty? Being DRUNK or OBNOXIOUS?
These are all common reasons for the dismissal of criminal charges.
Motion to Dismiss After Being Found Guilty (Conviction)
If a defendant is convicted at trial and files an appeal, the defendant can file a motion to dismiss the charge for the first time on appeal. When this occurs, the appellate court will review the charge to determine whether it states the nature of the charge, allows the defendant to prepare a defense, and whether it prevents double jeopardy.
Motion to Dismiss Criminal Charge When there is No Evidence of Guilt
When a defendant wants to have charges dismissed because there is no evidence proving that he or she committed the crime, the court will usually require the defendant to stand trial. The reason is, a motion to dismiss does not allow the defendant to present evidence of innocence. When a defendant files a motion to dismiss, the judge reviews the charge, and assumes all of the allegations are true. The judge will only dismiss a charge when the charge itself violates due process for some reason (i.e., vague or double-meaning).
There is one exception. If a criminal charge alleges conduct which could not possibly be true or there is absolutely no evidence whatsoever indicating that the accused committed a crime, then the court does have inherent authority to dismiss a charge. For example, if the indictment alleges that Attorney Johnny Cocharan committed murder in that he killed OJ Simpson, then that would be subject to dismissal because it is impossible. OJ is still alive and his former attorney therefore could not have killed him.
Motion to Dismiss for Prosecutorial Misconduct or Perjured Testimony
A defendant may be entitled to dismissal of an indictment for prosecutorial misconduct where the State knowingly presented false evidence (e.g., perjured testimony in which a witness lies under oath) to the grand jury. Judges are very reluctant to grant these motions unless it can be shown that there was intent to deceive the grand jury or reckless disregard for the truth. Also, assuming the court does grant the motion to dismiss, the prosecution may still legally re-file the charges by presenting truthful evidence to a grand jury.
If you or someone you know has an criminal case pending in Illinois, or a Federal case in any State, contact us at (773) 848-4444 or Attorney Liz our resident State criminal law expert at (773) 544-1370. All inquiries are completely confidential.
