Motion to Dismiss (Criminal) - Rhode Island

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

STATE OF RHODE ISLAND

[________________________________], S.C. SUPERIOR COURT

DEFENDANT'S MOTION TO DISMISS

I. INTRODUCTION

Defendant, [DEFENDANT FULL LEGAL NAME], by and through counsel, [ATTORNEY NAME], moves this Court for an order dismissing the ☐ Criminal Information / ☐ Indictment filed in this matter. For an information challenged for lack of probable cause, Defendant invokes Super.R.Crim.P. 9.1 and R.I. Gen. Laws § 12-12-1.7. For another selected ground capable of determination before trial, Defendant invokes Super.R.Crim.P. 12 as applicable.

II. STATEMENT OF FACTS

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

[________________________________]

III. GROUNDS FOR DISMISSAL

☐ A. Lack of Probable Cause in an Information (Super.R.Crim.P. 9.1; R.I. Gen. Laws § 12-12-1.7)
The information and exhibits appended thereto do not demonstrate the existence of probable cause to believe that the offense charged has been committed or that the Defendant committed it.

☐ B. Speedy Trial Violation (Super.R.Crim.P. 12(d)-(e); R.I. Const. Art. I, § 10)
The State has failed to bring Defendant to trial within a reasonable time.

☐ C. Statute of Limitations (R.I. Gen. Laws § 12-12-17)
The prosecution was commenced beyond the applicable statute of limitations.

☐ D. Double Jeopardy (U.S. Const. Amend. V; R.I. Const. Art. I, § 7)
Defendant has previously been placed in jeopardy for the same offense.

☐ E. Due Process Violation (U.S. Const. Amend. XIV; R.I. Const. Art. I, § 2)

☐ F. Defective Charging Instrument

☐ G. Prosecutorial Misconduct

IV. LEGAL ARGUMENT

A. Lack of Probable Cause (Rule 9.1)

Under Super.R.Crim.P. 9.1, a defendant charged by information may move to dismiss on the ground that the information and appended exhibits do not demonstrate probable cause. The motion justice examines only the four corners of the information package. State v. Baillargeron, 58 A.3d 194, 197 (R.I. 2013). The probable-cause standard is the same as that for arrest. Id.

[________________________________]

B. Speedy Trial

Rhode Island does not set a general statutory trial deadline in the cited charging provision. The constitutional speedy-trial right requires a separate analysis. State v. Cipriano, 21 A.3d 408 (R.I. 2011). Section 12-13-6 addresses a person imprisoned on suspicion of an offense for which bail may be denied: if no indictment or information is filed within six months after commitment, its stated remedy is bail or discharge, not dismissal of the charge. Analyze that custody remedy separately from this dismissal request.

[________________________________]

C. Double Jeopardy

Under Super.R.Crim.P. 12(b)(2), double jeopardy must be raised before trial or the defense is waived. State v. Shelton, 990 A.2d 191, 203 (R.I. 2010).

[________________________________]

D. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss all charges against Defendant;
2. Order such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], RI Bar No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Rhode Island [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 Rhode Island Department of the Attorney General, 150 South Main Street, Providence, Rhode Island 02903, by the method indicated:

☐ Personal delivery
☐ U.S. Mail, first class, postage prepaid
☐ Electronic filing and service

Dated: [__/__/____]

________________________________________
[NAME OF DECLARANT]

RHODE ISLAND-SPECIFIC NOTES

• Super.R.Crim.P. 9.1 / R.I. Gen. Laws § 12-12-1.7: A defendant charged by information may move to dismiss within 30 days after service on the ground of insufficient probable cause; Rule 9.1 also permits a later time if the court allows it.
• Super.R.Crim.P. 12(b)(2): Double jeopardy and covered defects in the institution of prosecution must be raised before trial; an omitted defense is waived unless the court grants relief for cause shown.
• Speedy Trial: Rhode Island has no statutory speedy trial time limits. The Barker v. Wingo balancing test applies.
• R.I. Gen. Laws § 12-13-6: A person imprisoned on suspicion of an offense for which bail may be denied must be bailed or discharged if not indicted or charged by information within six months after commitment; the section does not say the charge is dismissed.
• Statutes of Limitations: Section 12-12-17 lists offenses with no limit, a ten-year group, a seven-year group, and a residual three-year period for other offenses unless another law provides a longer period. Check the charged offense and accrual facts before selecting a period.
• Electronic Filing: Mandatory for subsequent pleadings in Superior Court criminal cases.

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