Motion to Dismiss (Criminal)

TABLE OF CONTENTS

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

IN THE CIRCUIT COURT OF THE [________________________________] CIRCUIT

STATE OF HAWAII

DEFENDANT'S MOTION TO DISMISS

I. INTRODUCTION

Defendant, [DEFENDANT FULL LEGAL NAME], by and through counsel, [ATTORNEY NAME], of [LAW FIRM NAME], hereby moves this Court for an order dismissing the ☐ Indictment / ☐ Complaint / ☐ Information filed in the above-captioned matter pursuant to Hawai'i Rules of Penal Procedure Rule 48 and Rule 12. This motion is made on the grounds set forth below, supported by the accompanying memorandum of law, the attached exhibits, and all papers and records on file herein.

II. STATEMENT OF FACTS

On or about [__/__/____], Defendant was charged by way of ☐ Indictment / ☐ Complaint / ☐ Information 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 seeks dismissal on the following grounds (check all that apply):

☐ A. Insufficient Evidence / Lack of Probable Cause
The evidence before the grand jury or at the preliminary hearing was insufficient to establish probable cause that a crime was committed and that Defendant committed it.

☐ B. Speedy Trial Violation (HRPP Rule 48(b))
The State has failed to bring Defendant to trial within six months as required by Rule 48(b):

• ☐ From the date of arrest if bail was set
• ☐ From the date of filing of the charge

☐ C. Statute of Limitations (HRS § 701-108)
The prosecution was commenced beyond the applicable statute of limitations period. The charged offense carries a limitations period of [________________________________] and the alleged conduct occurred on or about [__/__/____].

☐ D. Double Jeopardy (U.S. Const. Amend. V; Haw. Const. art. I, § 10)
Defendant has previously been placed in jeopardy for the same offense. The prior proceeding concluded on [__/__/____] in Case No. [________________________________] before the [________________________________] Court.

☐ E. Due Process Violation (U.S. Const. Amend. XIV; Haw. Const. art. I, § 5)
The prosecution's conduct has violated Defendant's due process rights, including but not limited to: [________________________________].

☐ F. Defective Charging Instrument (HRS § 806-27; HRPP Rule 12(b))
The Indictment / Complaint is fatally defective because: [________________________________].

☐ G. Prosecutorial Misconduct
The prosecution engaged in misconduct that prejudiced Defendant's rights, specifically: [________________________________].

IV. LEGAL ARGUMENT

A. Insufficient Evidence

Under Hawaii law, a defendant may challenge the sufficiency of the evidence supporting the indictment. Where the grand jury received insufficient evidence to establish probable cause, or where prosecutorial misconduct before the grand jury violated due process, dismissal may be required. State v. Borge (Haw. 2023).

[________________________________]

B. Speedy Trial Under HRPP Rule 48

Hawai'i Rules of Penal Procedure Rule 48(b) mandates that the court shall dismiss the charge if trial is not commenced within 180 days (6 months). The court must calculate excludable time under Rule 48(c) and (d). The court has discretion to dismiss with or without prejudice, considering factors such as the seriousness of the offense, the facts and circumstances that led to the dismissal, and the impact of reprosecution on the administration of justice.

[________________________________]

C. Statute of Limitations

Under HRS § 701-108, every prosecution must be commenced within the applicable limitations period. The charged offense occurred on [__/__/____], and the prosecution was not commenced until [__/__/____], which exceeds the statutory period.

[________________________________]

D. Double Jeopardy

The Double Jeopardy Clause of the Fifth Amendment and Article I, § 10 of the Hawai'i Constitution protect against successive prosecutions for the same offense after acquittal or conviction and against multiple punishments for the same offense.

[________________________________]

E. Prosecutorial Misconduct

Hawai'i courts apply a cumulative misconduct analysis. Where prosecutorial misconduct undermines the fundamental fairness and integrity of proceedings, dismissal or a new trial may be required. State v. Pasene (Haw. 2019) (vacating convictions due to cumulative prosecutorial misconduct); State v. Borge (Haw. 2023) (grand jury questioning violated due process).

[________________________________]

F. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss the Indictment / Complaint / Information and all charges contained therein with prejudice;
2. Alternatively, dismiss without prejudice;
3. Discharge the Defendant from custody or release the Defendant from bail;
4. Grant such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

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

Attorney for Defendant [DEFENDANT FULL LEGAL NAME]

VI. CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I served a true and correct copy of the foregoing DEFENDANT'S MOTION TO DISMISS on the following parties by the method indicated:

☐ Personal delivery
☐ U.S. Mail, first class, postage prepaid
☐ Electronic filing and service via JEFS (Judiciary Electronic Filing System)

Office of the Prosecuting Attorney
County of [________________________________]
[ADDRESS]
[CITY], Hawaii [ZIP CODE]

________________________________________
[ATTORNEY NAME]

HAWAII-SPECIFIC NOTES

• HRPP Rule 48(b): Mandatory 180-day (6-month) speedy trial rule; dismissal required upon violation.
• HRPP Rule 48(c) and (d): Excludable periods include defense-requested continuances, competency evaluations, and interlocutory appeals.
• HRPP Rule 12: Governs pretrial motions; defects in the charging instrument must be raised before trial.
• HRS § 701-108: Criminal statutes of limitation (no limit for murder; 6 years for class A felonies; 3 years for class B/C felonies; 2 years for misdemeanors; 1 year for petty misdemeanors).
• HRS § 806-27: Governs defects and omissions in indictments.
• JEFS: Hawaii uses the Judiciary Electronic Filing System for electronic filing; no additional paper copies required per HRPP Rule 1(c).
• Circuit Courts: Hawaii has four judicial circuits (First through Fourth); felony cases are heard in Circuit Court.

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