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 [________________________________] COURT OF [________________________________] COUNTY

STATE OF INDIANA

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 / ☐ Information filed in the above-captioned matter pursuant to Indiana Code § 35-34-1-4. 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 / ☐ 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 is insufficient to establish probable cause that a crime was committed and that Defendant committed it.

☐ B. Speedy Trial Violation (Ind. Crim. Rule 4)
The State has failed to bring Defendant to trial within the time prescribed by Criminal Rule 4:

• ☐ 70 days from motion for early trial (Rule 4(B)) — defendant held in jail
• ☐ 180 days from date of charge or arrest (Rule 4(B)(1)) — defendant held in jail
• ☐ One year from date of charge or arrest (Rule 4(C)) — defendant on recognizance

☐ C. Statute of Limitations (Ind. Code § 35-41-4-2)
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; Ind. Const. art. 1, § 14)
Defendant has previously been placed in jeopardy for the same offense. The prior proceeding concluded on [__/__/____] in Cause No. [________________________________] before the [________________________________] Court.

☐ E. Due Process Violation (U.S. Const. Amend. XIV; Ind. Const. art. 1, § 12)
The prosecution's conduct has violated Defendant's due process rights, including but not limited to: [________________________________].

☐ F. Defective Charging Instrument (Ind. Code § 35-34-1-6)
The Indictment / Information is fatally defective because: [________________________________].

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

☐ H. Immunity
Defendant has been granted immunity from prosecution for the charged offense pursuant to: [________________________________].

IV. LEGAL ARGUMENT

A. Insufficient Evidence

Under Indiana law, a defendant may challenge the sufficiency of the evidence supporting the charges. Where the charging instrument fails to state facts constituting a criminal offense, dismissal is warranted under Ind. Code § 35-34-1-4.

[________________________________]

B. Speedy Trial Under Criminal Rule 4

Indiana Criminal Rule 4 provides specific time limits for bringing a defendant to trial. Under Rule 4(B), a defendant held in jail who files a motion for early trial must be tried within 70 calendar days. Under Rule 4(B)(1), a jailed defendant must be tried within 180 days of arrest or charge. Under Rule 4(C), any defendant must be tried within one year. The remedy for violation is discharge. Congestion of the court calendar does not constitute good cause for delay beyond Rule 4(C).

[________________________________]

C. Statute of Limitations

Under Indiana Code § 35-41-4-2, 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 1, § 14 of the Indiana Constitution protect against successive prosecutions for the same offense. Indiana applies the "actual evidence" test under Richardson v. State, 717 N.E.2d 32 (Ind. 1999), examining whether the evidentiary facts required to establish the essential elements of one offense also establish the essential elements of the other.

[________________________________]

E. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss the Indictment / Information and all charges contained therein;
2. Discharge the Defendant from custody or release the Defendant from bond;
3. Grant such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], Indiana Attorney No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Indiana [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 the Indiana E-Filing System (IEFS)

Office of the [________________________________] County Prosecutor
[ADDRESS]
[CITY], Indiana [ZIP CODE]

________________________________________
[ATTORNEY NAME]

INDIANA-SPECIFIC NOTES

• Ind. Code § 35-34-1-4: Governs motions to dismiss; must be filed 20 days before omnibus date (felonies) or 10 days (misdemeanors).
• Ind. Code § 35-34-1-6: Defines defective instruments; dismissal required unless cured by amendment.
• Ind. Crim. Rule 4: Speedy trial rule (70 days from early trial motion; 180 days for jailed defendants; 1 year for all defendants).
• Ind. Code § 35-41-4-2: Criminal statutes of limitation (no limit for murder/Level 1-2 felonies; 5 years for Level 3-6 felonies; 2 years for misdemeanors).
• Electronic Filing: Indiana uses the Indiana E-Filing System (IEFS); attorneys must e-file in all courts.
• Court Structure: Indiana uses Circuit Courts and Superior Courts; the correct court designation varies by county.

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