A dispositive motion is a formal request to the court that, if granted, can resolve the case entirely in favor of the defendant. Dispositive motions are a key tool in high-level criminal defense strategy because they can eliminate the need for a trial or reduce the scope of charges.
Motions to DismissA motion to dismiss asks the judge to throw out the charges before trial. The defendant must file this motion under oath, asserting that even if all facts alleged by the State are accepted as true, the defendant could not legally be guilty of the crime. Motions to dismiss are rare because most criminal cases involve disputed facts, and juries are responsible for determining those facts. When granted, a motion to dismiss can end the case unless the State appeals the decision. In Florida, motions to dismiss are governed by Rule 3.190 of the Florida Rules of Criminal Procedure.
Motions to Suppress EvidenceA motion to suppress asks the court to exclude specific evidence obtained in violation of the defendant’s constitutional rights. Common examples include:
If successful, a motion to suppress can make it difficult or impossible for the State to prove the case. For example, if narcotics discovered during an illegal traffic stop are suppressed, the prosecution may be unable to prove possession at trial. Motions to suppress are guided by Rule 3.140 of the Florida Rules of Criminal Procedure.
Strategic Importance of Dispositive MotionsDispositive motions do more than remove evidence or dismiss charges. They allow criminal defense attorneys to:
A highly experienced criminal defense attorney in West Palm Beach or anywhere in Florida will evaluate every case for potential dispositive motions. These motions require careful review of the evidence, witness statements, police reports, and applicable laws. Properly prepared motions can significantly affect the outcome of a criminal case, sometimes resulting in charges being reduced or dismissed before trial.
A non-jury trial, or bench trial, is conducted solely by a judge. The judge reviews all evidence, hears witness testimony, and determines guilt. Bench trials are sometimes used in misdemeanor cases when all parties—prosecutor, defense, and judge—agree. Often, these cases include stipulations for no jail and no adjudication, meaning that even if the defendant is found guilty, the judge cannot impose incarceration. The most severe outcome is typically a withhold of adjudication and probation.
In practice, bench trials are uncommon. On misdemeanors where no jail or adjudication is possible, a bench trial may be considered. However, in most cases, a jury trial is more advantageous.
Jury TrialA jury trial involves six or more jurors who determine guilt or innocence based on the evidence presented. The judge oversees the proceedings to ensure proper legal procedure and resolves questions of law. Both the prosecution and defense present evidence, examine witnesses, and make arguments to the jury.
Jury trials are generally preferred because multiple decision-makers evaluate credibility, witness testimony, and the nuances of the case. Concentrating all decisions with a single judge in a bench trial may limit the benefit of multiple perspectives. Jury trials also allow for strategic presentation of evidence that may resonate more effectively with a group of jurors.
Selecting the right attorney is critical. A highly capable and experienced criminal defense lawyer can develop a trial strategy tailored to your case, whether a jury trial or bench trial, to achieve the best possible outcome.
Protect Your Future with Proven Legal ExpertiseFacing criminal charges can be overwhelming, but having a dedicated, strategic, and highly experienced criminal defense attorney by your side can make all the difference. At the Law Office of Roger P. Foley, we combine in-depth knowledge of Florida criminal law with a meticulous approach to every case, ensuring that no detail is overlooked. From navigating complex discovery procedures and challenging evidence to negotiating favorable plea agreements when appropriate, our team is committed to achieving the most favorable outcomes for our clients.
Choosing the right attorney is crucial. We provide personalized, aggressive, and thoughtful representation tailored to your unique situation. Every motion, deposition, and trial strategy is carefully crafted to protect your rights, uncover conflicts in evidence, and create opportunities for reduced or dismissed charges. With years of courtroom experience and a proven record of success, we guide clients confidently through every stage of the criminal justice process.
Your future matters. Engage a criminal defense attorney who is committed, innovative, and relentless in the pursuit of justice. Schedule a consultation today and take the first step toward protecting your freedom and your reputation.