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What Is a Motion to Dismiss in Massachusetts?
Motions to dismiss challenge the legal foundation of a case. Here’s how they work and what kinds of arguments can get your case thrown out.
A motion to dismiss asks the judge to end the case before trial because there’s a legal reason why it shouldn’t proceed.
Some of the most common grounds for dismissal include:
- The criminal complaint or indictment is legally insufficient
- The facts alleged don’t amount to a crime
- The statute of limitations has expired
- The prosecution failed to provide required discovery
Motions to dismiss aren’t about evidence or guilt—they’re about law. I file these motions when the charges don’t hold up legally or when procedural rules are violated.
If the motion is granted, the case ends immediately—without a trial, without probation, and without a record. Even if the motion fails, it forces the prosecution to justify its case early on.