What do you do when your public defender refuses to put in motion to dismiss based on the validity of the report?

Before submitting a motion, an attorney has to determine whether there are viable legal grounds for the motion. When we talk about a motion to dismiss, this can include a number of different potential grounds, including speedy trial, facial sufficiency, or even in the interest of justice.    It is unclear by your post what specific grounds you believe the motion to dismiss should be submitted. Is there a specific reason that you believe your case should be dismissed on motion?    Sometimes, folks feel that a case should be dismissed immediately because there is insufficient evidence. This is unfortunately not necessarily the case - the evidence, and whether the District Attorney has sufficient evidence to prove the charges against you beyond a reasonable doubt - is typically an issue for trial. Without articulable, legal grounds for dismissal, a motion to dismiss may simply not be viable.  With that being said, these are issues that your current attorney should speak with you about. If you are unhappy with your current attorney, that is a separate issue in itself. While there are certainly some outstanding public defenders, there are also many public defenders who are not as great. When you are assigned a public defender, you unfortunately do not get to pick your lawyer - that is a benefit that you do receive when you hire one.    I hope all this information is helpful.