Motion to Dismiss (Criminal) - Vermont

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 VERMONT

SUPERIOR COURT — CRIMINAL DIVISION

[________________________________] UNIT

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 ☐ Information / ☐ Complaint filed in the above-captioned matter pursuant to V.R.Cr.P. 12 and/or V.R.Cr.P. 48.

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. Constitutional Speedy Trial Violation / Statutory Bail Relief (Vt. Const. Ch. I, Art. 10; 13 V.S.A. § 7553b)

• ☐ Constitutional speedy trial right violated under Barker v. Wingo analysis
• ☐ Defendant held without bail for an offense not punishable by death or life imprisonment; trial did not commence within 60 days after bail denial, and the delay is not attributable to the defense (13 V.S.A. § 7553b)

☐ C. Statute of Limitations (13 V.S.A. § 4501 et seq.)
The prosecution was commenced beyond the applicable statute of limitations.

☐ D. Double Jeopardy (U.S. Const. Amend. V; Vt. Const. Ch. I, Art. 10)

☐ E. Due Process Violation (U.S. Const. Amend. XIV; Vt. Const. Ch. I, Art. 4)

☐ F. Defective Charging Instrument

☐ G. Prosecutorial Misconduct

IV. LEGAL ARGUMENT

A. Speedy Trial

Vermont's constitutional speedy trial right is protected under Chapter I, Article 10 of the Vermont Constitution. Vermont applies the Barker v. Wingo four-factor test. State v. Brillon, 2008 VT 35, 183 Vt. 475; Vermont v. Brillon, 556 U.S. 81 (2009). Separately, 13 V.S.A. § 7553b requires trial to commence within 60 days after bail is denied, except for an offense punishable by death or life imprisonment. If trial does not commence within 60 days and the delay is not attributable to the defense, the court must immediately schedule a bail hearing and set bail. State the basis for dismissal separately; § 7553b prescribes a bail hearing and bail as its remedy.

[________________________________]

B. Statute of Limitations

Under 13 V.S.A. § 4501(e), the default period for other felonies and misdemeanors is three years. Check the charged offense against the enumerated exceptions: subsection (a) has no time limit; subsection (b) sets six years; subsection (c) sets 40 years; and subsection (d) sets 11 years.

[________________________________]

C. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss the charges for any pleaded ground that warrants dismissal;
2. If relief is warranted under 13 V.S.A. § 7553b alone, immediately schedule a bail hearing and set bail; and
3. Order such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], VT Bar No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Vermont [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 on:

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

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

Dated: [__/__/____]

________________________________________
[NAME OF DECLARANT]

VERMONT-SPECIFIC NOTES

• V.R.Cr.P. 12(b)(2): Double jeopardy and defects in the institution of prosecution must be raised before trial; failure constitutes waiver.
• 13 V.S.A. § 7553b: The 60-day trial rule excludes offenses punishable by death or life imprisonment. If trial does not commence in time and the delay is not attributable to the defense, the court must immediately schedule a bail hearing and set bail; the section does not itself require dismissal.
• Constitutional Speedy Trial: Analyze a constitutional claim separately from the bail remedy in § 7553b under the Barker v. Wingo balancing test.
• Statutes of Limitation (13 V.S.A. § 4501): Subsection (e) sets a three-year default for other felonies and misdemeanors. Identify any charged offense listed in subsections (a) through (d) before calculating the deadline.
• V.R.Cr.P. 48(a): The prosecutor may file a written dismissal; defendant consent is required after trial has started, but court leave is not required under the Vermont rule. State v. Villar, 2017 VT 109, ¶¶ 8, 11-12. Confirm the separate grounds and remedy for any defendant-requested dismissal under Rule 48(b).

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