Motion to Dismiss (Criminal) - Alabama

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Statement of Facts
4. Grounds for Dismissal
5. Argument
6. Prayer for Relief
7. Certificate of Service

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

DEFENDANT'S MOTION TO DISMISS

I. INTRODUCTION

Defendant, [DEFENDANT FULL LEGAL NAME], through counsel, [ATTORNEY NAME], moves under Ala. R. Crim. P. 15.2 to dismiss the ☐ indictment ☐ information ☐ complaint, or the identified count(s), on the grounds pleaded below. Defendant relies on the attached exhibits and the record identified in this motion.

II. STATEMENT OF FACTS

On or about [__/__/____], Defendant was charged by way of ☐ Indictment / ☐ Information / ☐ Complaint with the following offense(s):

[Provide a concise factual summary of the relevant procedural history and facts giving rise to this motion.]

[________________________________]

III. GROUNDS FOR DISMISSAL

Defendant asserts the following ground(s) (check and complete each applicable ground; identify the affected count):

☐ A. Defect in indictment or information (Ala. R. Crim. P. 13.2, 15.2)
Count(s) [____] do not state the charged offense with the definiteness required by Rule 13.2 because [STATE THE PARTICULAR DEFECT: ________________________________]. The affected charging language is [QUOTE: ________________________________].

☐ B. Speedy trial (Ala. Const. art. I, § 6; Ala. R. Crim. P. 8.1, 15.2)
For this prosecution by indictment, Defendant asserts the constitutional right to a speedy trial. The charge began on [__/__/____], trial has ☐ not begun ☐ been set for [__/__/____], and the relevant delay, reasons, requests for trial, and prejudice are [STATE SPECIFIC FACTS: ________________________________]. Defendant requests dismissal on the constitutional ground stated here and in the argument below.

☐ C. Limitations (Ala. Code §§ 15-3-1, 15-3-2, 15-3-5, 15-3-6, 15-3-7)
The charged offense is [________________________________]; the governing limitations provision is [CITE: ________________________________], with a period of [________________________________]. The alleged conduct occurred on [__/__/____]. The prosecution was commenced by [INDICTMENT / WARRANT / BIND-OVER: ________________________________] on [__/__/____]. After accounting for any applicable exception or excluded interval, the charge is untimely because [SHOW CALCULATION: ________________________________].

☐ D. Double jeopardy (Ala. Const. art. I, § 9)
Defendant was previously placed in jeopardy for the same offense in Case No. [________________________________], [COURT: ________________________________]. The prior proceeding and its disposition were [________________________________]. The present count(s) concern the same offense because [________________________________].

☐ E. Other specifically supported ground
Ground and controlling authority: [________________________________]. Facts and requested disposition: [________________________________].

IV. ARGUMENT

A. Charging defect, if selected

Rule 13.2(a) requires an indictment or information to state the charge plainly and with enough certainty to inform a person of common understanding and permit judgment; subsection (b) requires the official or customary citation for each separate offense. The challenged count fails that requirement for the reason stated above. Rule 15.2(d) permits a failure-to-charge-an-offense objection during the proceeding; other charge defects are governed by the pretrial motion and timing rules in Rules 15.2(a) and 15.3.

[________________________________]

B. Speedy trial, if selected

Article I, § 6 of the Alabama Constitution guarantees a speedy, public trial in prosecutions by indictment. Rule 8.1 directs courts to consider constitutional speedy trial rights when prioritizing criminal cases. Defendant alleges the specific delay and resulting injury stated above and requests dismissal based on the applicable constitutional analysis.

[________________________________]

C. Statute of Limitations

Section 15-3-1 generally requires prosecution of a felony within five years, subject to § 15-3-3, § 15-3-5, and any offense-specific period. Section 15-3-2 generally requires prosecution of a misdemeanor before circuit or district court within 12 months unless otherwise provided. Section 15-3-5 has no time limit for its listed offenses. Section 15-3-7 defines commencement by indictment, warrant, or bind-over; § 15-3-6 excludes a specified interval between charges or indictments after certain dismissals or defects. Applying the identified offense provision and any applicable exclusion to the dates above, the challenged charge was filed outside the permitted period.

[________________________________]

D. Double Jeopardy

Article I, § 9 of the Alabama Constitution bars placing a person twice in jeopardy for the same offense, subject to its stated jury-discharge qualification. The prior proceeding, its disposition, and the identity of the offense are set out above.

[________________________________]

E. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Honorable Court:

1. Dismiss count(s) [________________________________] of the ☐ indictment ☐ information ☐ complaint;
2. Enter any custody or bond relief warranted by that disposition; and
3. Grant such other relief as the Court deems proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], ASB No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Alabama [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]

Attorney for Defendant [DEFENDANT FULL LEGAL NAME]

VI. CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], I served a copy of this motion on [NAME / OFFICE: ________________________________] by [METHOD ACTUALLY USED: ________________________________] at [ADDRESS OR SERVICE DESTINATION: ________________________________].

________________________________________
[ATTORNEY NAME]

ALABAMA-SPECIFIC NOTES

• Filing time: Under Rule 15.3(a)(1), a Rule 15.2 motion in circuit court is due at or before arraignment unless the court sets a later date; Rule 15.3(b) permits an adjustment for good cause. Rule 15.2(d) allows a subject-matter-jurisdiction or failure-to-charge-an-offense objection at any time during the proceeding. Raise all then-available objections and defenses in the pretrial motion; Rule 15.2(b)-(c) addresses waiver and good-cause relief.
• Charging instrument: Rule 13.2 governs indictments and informations; it does not make a bare assertion of insufficient grand-jury evidence a pleading defect.
• Speedy trial: Rule 8.1 concerns scheduling priority and directs the court to consider constitutional speedy trial rights.
• Limitations: Check the exact offense, any special period or § 15-3-5 exclusion, the mode of commencement under § 15-3-7, and any interval excluded under § 15-3-6.
• State appeal: Rule 15.7(a)-(b) permits the State to appeal a qualifying circuit-court pretrial dismissal only with the required prosecutor certification and a notice filed in both courts within seven days after entry and before jeopardy attaches.
• Service: Identify the actual recipient and method. Rule 34.4 directs service on a represented defendant's attorney of record for notices or documents other than hearings at which the defendant's presence is required.

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Alabama attorney before use.