What Is A Motion To Dismiss In A Criminal Case?
In a criminal case, a defendant has the motion to file a motion to dismiss, asking the court to drop the charges against you.
Tag: Justice System User Manual
Can A Prosecutor Use Your Silence Against You?
A prosecutor usually can't use your silence against you. But if you testify at trial, things change, and prosecutors can use it.
Why Don’t Most Defendants Testify At Their Own Trials?
In general, most defendants don't testify at their own criminal trials. But the decision whether to testify is always up to you.
If You Accept A Plea, Can You Change Your Mind Later?
If you accept a plea offer from the prosecution, there are situations where you can change your mind. But those situations are rare.
Will A Court Always Accept A Plea Deal?
While plea deals are very common, a court does not have to accept a plea deal. If a judge refuses to accept a deal, the case moves forward.
What Do You Have To Tell Police During A Search?
During a search by law enforcement, you do not have to tell the police much. At most, you will have to identify yourself.
What are Prior Record Variables?
Some states like Michigan base their sentences on prior record variables. Make sure your PRV score is correct at sentencing.
What is an Offense Variable?
Some states like Michigan base their sentences on offense variables. It's crucial that you make sure your OV score is correct at sentencing.
When Can You Appeal?
Most people know that you can appeal after trial and sentencing, but there are other rules you need to know about appeals too.
What Are The Possible Outcomes On Appeal?
In a criminal case, there are usually three possible outcomes on appeal: affirmed, reversed or affirmed in part and reversed in part.