Filing a motion to dismiss is a way of asking a court to throw a case out. These motions are often filed by defendants in both civil and criminal cases. However, there are other parties who can file for a case dismissal. If you’re facing impaired driving charges or other accusations, you might be wondering, “Can a plaintiff file a motion to dismiss?”
In some cases, yes, the plaintiff can file a motion to have such a case dismissed. That said, a plaintiff won’t file a motion to dismiss simply to let you off the hook for your offense. There are specific factors that motivate such an action. Fortunately, the team at Los Angeles DUI lawyer is here to explain these motions and provide the information you need to win your case.
Why Would a Plaintiff File a Motion to Dismiss?
In most cases, motions to dismiss are filed by the defendant. When a defendant uses Penal Code (PEN) §991 or PEN §995 to file such a motion, the prosecution has a chance to respond. If the prosecution or the plaintiff does not respond, the judge can choose to dismiss the charges if they find that:
- There is insufficient evidence to lead to charges
- The defendant’s rights were violated during the proceedings
- The court is not the right venue to handle the charges
As mentioned earlier, the plaintiff can also file a motion to dismiss. For example, let’s say you were arrested for possession of drugs for sale and charged in the state court system. However, the prosecution realized that you should be facing drug trafficking charges in federal court. In this situation, the prosecution can file a motion to dismiss so the case can be refiled properly.
This is just one factor that can lead the plaintiff to file a motion to dismiss. Other reasons for filing such a motion include, but aren’t limited to, the following:
- A settlement has been reached, and no further legal action is required
- There was a procedural defect
- The plaintiff wants to withdraw their claim voluntarily
- The plaintiff realizes that the case is not winnable
When Can a Plaintiff File a Motion to Dismiss?
Now that you know that a plaintiff can file a motion to dismiss, it’s time to discuss when such a motion can be filed. According to the law, this motion can be filed only after an individual is officially charged with a criminal act.
Generally, individuals are charged at an arraignment hearing. This hearing allows the court to specifically state the charges an individual is facing. Individuals have to enter a plea during their arraignment hearing. They can plead:
- Guilty
- No contest
- Not guilty
After the arraignment, the court moves on to charge an individual. At this point, a motion to dismiss can be filed. If you are considering filing a motion to dismiss or are wondering if the plaintiff will file one, a skilled attorney can provide the legal services and information you’re looking for.
Outcomes of a Motion to Dismiss in California
Once a defendant or plaintiff files a motion to dismiss, the judge can decide to support the motion or to refuse it. If the judge does not allow the motion, the case will proceed, which could result in the defender going to court or choosing to resolve the charges by accepting a plea bargain.
However, judges can also accept a motion to dismiss. When this happens, the court dismisses the charges without prejudice. Let’s take a closer look at what it means when your charges are dismissed with or without prejudice:
Without Prejudice
When a case is dismissed without prejudice, it means that the case can be filed again at a later date. Cases are usually dismissed without prejudice when the plaintiff files a motion to dismiss. This allows the plaintiff to gather more evidence and strengthen their case against the defendant.
For example, if you’re facing charges for driving under the influence (DUI) but the results of your blood alcohol content (BAC) tests are not in yet, the prosecution may want to wait for the results to come back before they proceed with the case.
In this situation, prosecutors can request that the judge dismiss the case without prejudice so they can refile when they have the BAC test results they need to prove you were driving while impaired.
If your case has been dismissed without prejudice, you’ll need an experienced lawyer to build your defense. A skilled attorney can challenge BAC test results and other forms of evidence, ensuring you have the best chance possible at getting your charges dropped or reduced.
With Prejudice
In other situations, a judge may dismiss cases with prejudice. Charges dismissed with prejudice cannot be filed again. Dismissing a case this way effectively ends it. That said, judges don’t usually dismiss cases with prejudice when the plaintiff files a motion to dismiss.
Consult a Los Angeles DUI lawyer to learn more about motions to dismiss. A lawyer can work hard to get your case dismissed or negotiate with prosecutors to negotiate a plea bargain that lessens the consequences of a conviction.
How an Experienced DUI Defense Lawyer Can Help You
In addition to explaining whether plaintiffs can file a motion to dismiss, an attorney can take a number of actions to help you navigate your case effectively. Here’s what a skilled DUI defense attorney can do to guide you through the legal process and fight your charges:
- Investigate your DUI incident and arrest
- Analyze the arresting officer’s behavior and conduct
- Review BAC test results and look for inconsistencies
- Challenges validity of field sobriety tests and BAC test results
- File a motion to dismiss
- Negotiate a plea deal with prosecutors
- Represent you during DMV hearings and court proceedings
- Present compelling arguments and evidence in court
- Make themselves available to answer any questions you have about your case
How To Find the Right Attorney for Your Case
When you’re facing DUI charges or other serious accusations, your reputation, career, financial stability, and freedom are all on the line. To ensure you have the best legal defense possible, you’ll want to find an attorney who is right for your case. When looking for a lawyer, make sure to ask each one the following questions:
- Have you handled cases like mine in the past?
- What is your rate of success with cases like mine?
- Can you show me your past verdicts and settlements?
- Do you have testimonials from past clients?
- How long have you practiced criminal and DUI defense law?
- What kind of strategies will you use to protect me from a conviction?
- How often will we communicate?
If you meet with a lawyer who provides satisfactory answers to the questions listed above, you’ll want to consider hiring them and having them represent you during legal proceedings. An attorney with the right level of experience and a track record of success can make the difference between a case dismissal and a life-altering conviction.
Find Out if a Plaintiff Can File a Motion to Dismiss
We understand how nerve-wracking it can be to face DUI and other serious charges. That’s why our team is here to provide the legal guidance and resources you need to not only understand your case but also navigate the legal process effectively.
Contact a Los Angeles DUI lawyer today to schedule a free consultation and learn more about whether a plaintiff can file a motion to dismiss. We’ll answer any questions you have about your case and offer the counsel you need to enter legal proceedings with confidence.
