What Is a Motion to Dismiss in Massachusetts?

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.