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

THE STATE OF NEW HAMPSHIRE

[________________________________] SUPERIOR COURT

DEFENDANT'S MOTION TO DISMISS

I. INTRODUCTION

Defendant, [DEFENDANT FULL LEGAL NAME], by and through counsel, [ATTORNEY NAME], of [LAW FIRM NAME], respectfully moves this Court for an order dismissing the ☐ Indictment / ☐ Information / ☐ Complaint filed in the above-captioned matter pursuant to the New Hampshire Superior Court Rules of Criminal Procedure, Rule 12, and applicable provisions of New Hampshire law. This motion is made on the grounds set forth below and is supported by the accompanying memorandum, 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 / ☐ 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 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 (N.H. Const. Pt. I, Art. 14; U.S. Const. Amend. VI)
There has been an unreasonable delay in bringing Defendant to trial. The case was initiated on [__/__/____] and Defendant has not been brought to trial as of [__/__/____].

☐ C. Statute of Limitations (RSA 625:8)
The prosecution was commenced beyond the applicable statute of limitations. The charged offense carries a limitations period of [________________________________] and the alleged conduct occurred on or about [__/__/____].

☐ D. Double Jeopardy (U.S. Const. Amend. V; N.H. Const. Pt. I, Art. 16)
Defendant has previously been placed in jeopardy for the same offense. The prior proceeding concluded on [__/__/____] in Case No. [________________________________].

☐ E. Due Process Violation (U.S. Const. Amend. XIV; N.H. Const. Pt. I, Art. 15)
The prosecution's conduct has violated Defendant's due process rights, including but not limited to: [________________________________].

☐ F. Defective Charging Instrument
The ☐ Indictment / ☐ Information / ☐ Complaint is fatally defective because: [________________________________].

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

☐ H. Lack of Jurisdiction
This Court lacks subject matter jurisdiction over the charged offense because: [________________________________].

☐ I. Grand Jury Irregularities
The grand jury proceedings were tainted or the indictment was improperly returned because: [________________________________].

IV. LEGAL ARGUMENT

A. Motion to Dismiss — Defective Charging Instrument

An indictment must set forth the offense with sufficient certainty to enable the defendant to know the charge and prepare a defense. RSA 601:4. The indictment must allege every element of the offense charged. State v. Paquette, 146 N.H. 60, 767 A.2d 422 (2001). A deficient charging instrument deprives the defendant of adequate notice and violates due process.

[________________________________]

B. Speedy Trial

New Hampshire does not have a fixed statutory speedy trial deadline. The right to a speedy trial arises from Part I, Article 14 of the New Hampshire Constitution and the Sixth Amendment to the U.S. Constitution. Courts apply the Barker v. Wingo, 407 U.S. 514 (1972) four-factor balancing test: (1) length of delay, (2) reason for delay, (3) defendant's assertion of the right, and (4) prejudice. State v. Cote, 143 N.H. 368, 726 A.2d 275 (1999). A delay of more than one year triggers a presumption of prejudice requiring full analysis. State v. McCarty, 168 N.H. 176, 125 A.3d 724 (2015).

[________________________________]

C. Statute of Limitations

Under RSA 625:8, there is no time limitation for murder. For Class A felonies, the limitation period is six years. For Class B felonies, the limitation period is six years. For misdemeanors, the limitation period is one year. The alleged offense occurred on [__/__/____] and the complaint/indictment was not filed until [__/__/____]. State v. Day, 136 N.H. 293, 616 A.2d 489 (1992).

[________________________________]

D. Double Jeopardy

The Double Jeopardy Clause of the Fifth Amendment and Part I, Article 16 of the New Hampshire Constitution prohibit successive prosecutions for the same offense. North Carolina v. Pearce, 395 U.S. 711 (1969); State v. Kiewert, 148 N.H. 28, 802 A.2d 1161 (2002).

[________________________________]

E. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss the ☐ Indictment / ☐ Information / ☐ Complaint and all charges against Defendant;
2. Order the release of Defendant from any conditions of bail or pretrial supervision;
3. Grant such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], N.H. Bar No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], New Hampshire [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]

Attorney for Defendant [DEFENDANT FULL LEGAL NAME]

VI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Defendant's Motion to Dismiss was served upon the following parties by the method indicated:

☐ Personal delivery / hand delivery
☐ U.S. Mail, first class, postage prepaid
☐ Electronic filing / service via [________________________________]

Office of the County Attorney
[________________________________] County
[ADDRESS]
[CITY], New Hampshire [ZIP CODE]

Dated: [__/__/____]

________________________________________
[ATTORNEY NAME]

NEW HAMPSHIRE-SPECIFIC NOTES

• N.H. Super. Ct. R. Crim. 12: Governs pretrial motions in superior court, including motions to dismiss. Filing deadline is typically 60 days from arraignment.
• RSA 606:10: Addresses pleas and defenses available in criminal proceedings.
• No Fixed Speedy Trial Statute: New Hampshire does not have a statutory speedy trial deadline. The constitutional Barker v. Wingo balancing test applies.
• RSA 625:8 (Limitations): No limitation for murder; six years for Class A and B felonies; one year for misdemeanors. Certain sexual offenses have extended limitations periods (RSA 625:8, III-a).
• Grand Jury: Grand jury indictment is required for felony cases in superior court.
• Superior Court vs. Circuit Court: Felonies are handled in superior court; misdemeanors and violations in circuit court (district division).
• Hearing on Motion to Dismiss: Hearings must be scheduled as soon as practicable, no later than 30 days before trial.

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