Court Process, Plea & Trial

What is a motion to dismiss?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
A request to end the case before trial, on grounds ranging from legal defects to undisputed facts that don't constitute a crime.

Several kinds exist and they work differently.

Defects in the charging document — a charge that fails to state an offense, or that's brought under the wrong statute.

Legal bars — statute of limitations, double jeopardy, immunity including Stand Your Ground.

Undisputed material facts — the sworn motion described in the next answer, where the facts the State doesn't dispute don't establish a crime.

Procedural grounds — including speedy trial and, in some circumstances, discovery violations.

What a motion to dismiss is not: a way to argue the evidence is weak. That's what trial is for. These motions accept the State's version and argue it's legally insufficient, or they identify a bar that operates regardless of the facts.

Filing deadlines apply, and some grounds are waived if not raised timely — which is a reason to have counsel evaluating this early rather than after depositions.

These are deadline-sensitive. Some grounds disappear if nobody raises them. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.