QUESTION

who can I file a motion myself to dismiss all charges against me on a battery case that's pending against me

Asked on May 03rd, 2015 on Domestic Violence - Florida
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1 ANSWER

Personal Injury Attorney serving Mount Dora, FL
Partner at Largey Law
In short yes you can. You can represent yourself in a criminal case and file your own motions but it is not advised.  You are always better served with an attorney, whether it be a private attorney or a court appointed attorney.  If you do file your own motion to dismiss you must understand that by filing a motion to dismiss you are stipulating to the facts in the police report.  Which means if the police report alleges that you had physical contact with someone against their will, you are agreeing with that fact.  In a motion to dismiss you are arguing that the police report does not establish a case against you based on the facts within the police report.  For example, if a police report states that you went to an individuals house and walked up to them and then just turned around and walked away, you would be best served filing a motion to dismiss and arguing the police report does not have the proper facts to establish a battery.  In that instance you are saying based on the facts in the police report there is no evidence of a battery taking place.  In the motion you stipulate to the facts of the police report and say there isn't enough to establish a case for battery.  On the other hand, if the police report says you did all the above but also punched the individual in the chest then by filing a motion to dismiss you are stipulating to the fact that you punched the invididual.  The bottomline here is that you will be much better served with an attorney handling your case.  They are trainded to file motions and make the proper legal arguments on your behalf.
Answered on May 06th, 2015 at 6:56 AM

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