The Charge and Defense
Under New York
criminal law the
criminal defense attorney has the right to file a written motion to dismiss any criminal charges.
The motion can also contain a demand for other relief for the accused
but the main goal of the motion is a dismissal of the case.
Recently in Dutchess county in the Town of Kent a motorist was charged
with DWI and in Westchester County a motorist was charged with DWI in
Mount Vernon. A motion to dismiss can be made in any court for these types
of cases or for other offenses such as a drug charge, sex offense, white
collar crime. The top
criminal defense attorneys prepare for the motion to dismiss as soon as possible.
The Omnibus Motion
The Omnibus Motion is a motion that must be filed within 45 days of the
accused's arraignment. The Omnibus Motion is a motion to dismiss and
for all other relief the accused is seeking. The Omnibus Motion usually
includes the following:
1. Dismissal of the case
2. Motion for Discovery
3. Hearings on Statements made by the accused
4. Identification evidence of the accused
5. Suppression of evidence
6. Review of Grand Jury minutes
7. Suppression of the accused's bad acts and prior convictions
8. Sever the charges
9. Server co-defendants
10. Change of venue
The examples above are the primary examples in a criminal defense motion.
Sufficiency of the Motion
The criminal defense attorney must be careful to be sure the Omnibus Motion
is sufficient. The motion usually consists of a statement of facts by
the attorney and a memorandum of law by the attorney but equally important
is a sworn statement by the accused regarding the case and the issues
to be resolved. The criminal defense attorney will interview the client
and write the statement for the client's signature.
The statement is important because it will be a first hand sworn accounting
of what took place. For example in a drug case the accused has first hand
information on the police's actions.
The Judge's Decision
The judge will usually issue a written decision on each issue raised in
the defense attorney's motion to dismiss including dismissal of the
entire case. This decision will provide information about how the case