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

STATE OF SOUTH DAKOTA

IN CIRCUIT COURT, [________________________________] JUDICIAL CIRCUIT

COUNTY OF [________________________________]

DEFENDANT'S MOTION TO DISMISS

I. INTRODUCTION

Defendant, [DEFENDANT FULL LEGAL NAME], by and through counsel, [ATTORNEY NAME], hereby moves this Court for an order dismissing the ☐ Complaint / ☐ Information / ☐ Indictment pursuant to SDCL § 23A-8-2 and/or SDCL § 23A-44-5.1.

II. STATEMENT OF FACTS

On or about [__/__/____], Defendant was charged with the following offense(s):

[________________________________]

III. GROUNDS FOR DISMISSAL

☐ A. Insufficient Evidence / Lack of Probable Cause

☐ B. Speedy Trial Violation — 180-Day Rule (SDCL § 23A-44-5.1)
Defendant first appeared before a judicial officer on [__/__/____]. More than 180 days have elapsed without trial or disposition.

☐ C. Statute of Limitations (SDCL §§ 23A-42-1 to -6)

• ☐ No limitation for Class A, B, or C felonies (§ 23A-42-1)
• ☐ Seven-year limitation for other offenses (§ 23A-42-2)

☐ D. Double Jeopardy (U.S. Const. Amend. V; S.D. Const. Art. VI, § 9)

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

☐ F. Defective Charging Instrument (SDCL § 23A-8-2)

☐ G. Prosecutorial Misconduct

IV. LEGAL ARGUMENT

A. 180-Day Speedy Trial Rule

SDCL § 23A-44-5.1 provides that every person charged with a crime shall be brought to trial within 180 days from the date of first appearance before a judicial officer. The 180-day period creates a statutory right independent of the constitutional right to speedy trial. Absent good cause for delay, violation of the 180-day period requires dismissal with prejudice. State v. Hoffman, 409 N.W.2d 373 (S.D. 1987). Docket congestion does not constitute good cause. Id.

[________________________________]

B. Statute of Limitations

Under SDCL § 23A-42-1, there is no limitation for Class A, B, or C felonies. All other offenses must be prosecuted within 7 years (§ 23A-42-2). The limitation is tolled while the defendant is outside the state (§ 23A-42-5).

[________________________________]

C. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss all charges with prejudice pursuant to SDCL § 23A-44-5.1;
2. Alternatively, dismiss pursuant to SDCL § 23A-8-2;
3. Order such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

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

Attorney for Defendant [DEFENDANT FULL LEGAL NAME]

VI. CERTIFICATE OF SERVICE

I declare under penalty of perjury under the law of South Dakota that on [__/__/____], I served a true and correct copy of the foregoing on:

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

Office of the State's Attorney
[________________________________] County
[ADDRESS]
[CITY], South Dakota [ZIP CODE]

Dated: [__/__/____]

________________________________________
[NAME OF DECLARANT]

SOUTH DAKOTA-SPECIFIC NOTES

• SDCL § 23A-44-5.1: The 180-day speedy trial rule is strictly enforced. Dismissal is with prejudice. The good cause motion should be made before the 180-day period expires.
• SDCL § 23A-8-2: Provides statutory grounds for dismissal of indictment or information on motion.
• SDCL § 23A-42-1: No limitation for Class A, B, or C felonies.
• SDCL § 23A-42-2: Seven-year limitation for all other prosecutions.
• SDCL § 23A-8-3: Defenses and objections based on defects in the institution of the prosecution must be raised before trial or they are waived.

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