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 SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE 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 ☐ Information / ☐ Indictment pursuant to CrR 8.3 and/or CrR 3.3.

II. STATEMENT OF FACTS

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

[________________________________]

III. GROUNDS FOR DISMISSAL

☐ A. Insufficient Evidence (CrR 8.3(c))
The evidence is insufficient to establish a prima facie case. There are no material disputed facts.

☐ B. Speedy Trial Violation (CrR 3.3)
- ☐ Detained defendant: not brought to trial within 60 days of arraignment
- ☐ Non-detained defendant: not brought to trial within 90 days of arraignment

☐ C. Statute of Limitations (RCW 9A.04.080)
- ☐ No limitation for murder, arson resulting in death, vehicular homicide
- ☐ 3 years for most felonies
- ☐ 1 year for misdemeanors and gross misdemeanors

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

☐ E. Due Process Violation (U.S. Const. Amend. XIV; Wash. Const. Art. I, § 3)

☐ F. Governmental Misconduct (CrR 8.3(b))
The prosecution should be dismissed due to arbitrary action or governmental misconduct that has prejudiced the rights of the accused.

☐ G. Defective Charging Instrument

IV. LEGAL ARGUMENT

A. Speedy Trial (CrR 3.3)

Under CrR 3.3, a detained defendant must be brought to trial within 60 days and a non-detained defendant within 90 days from the date of arraignment. CrR 3.3(h) mandates dismissal with prejudice for a charge not brought to trial within the time limit. State v. Greenwood, 120 Wn.2d 585, 845 P.2d 971 (1993). A one-time cure period under CrR 3.3(g) may extend the time by 14 or 28 days upon a finding that the defendant will not be substantially prejudiced.

[________________________________]

B. Governmental Misconduct (CrR 8.3(b))

Under CrR 8.3(b), the court may dismiss a prosecution due to arbitrary action or governmental misconduct when the rights of the accused have been prejudiced. The court considers: (1) the seriousness of the offense; (2) impact on community safety; (3) impact on public confidence; and (4) the degree and impact of the misconduct. State v. Blackwell, 120 Wn.2d 822, 845 P.2d 1017 (1993).

[________________________________]

C. Pretrial Dismissal for Insufficient Evidence (CrR 8.3(c))

Under CrR 8.3(c), a defendant may move for pretrial dismissal due to insufficient evidence if there are no material disputed facts. The motion must be supported by affidavit or declaration setting forth agreed facts or a stipulation. State v. Hudson, 150 Wn. App. 646 (2009).

[________________________________]

D. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss all charges with prejudice pursuant to CrR 3.3(h);
2. Alternatively, dismiss pursuant to CrR 8.3;
3. Order such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], WSBA No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Washington [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

[________________________________] County Prosecuting Attorney's Office
[ADDRESS]
[CITY], Washington [ZIP CODE]

Dated: [__/__/____]

________________________________________
[NAME OF DECLARANT]

WASHINGTON-SPECIFIC NOTES

• CrR 3.3: Washington's speedy trial rule is one of the most detailed in the nation. 60 days (detained) / 90 days (not detained) from arraignment. Dismissal with prejudice is mandatory for violations.
• CrR 3.3(g): One-time cure period of 14 days (detained) or 28 days (not detained) if defendant will not be substantially prejudiced.
• CrR 8.3(b): Allows dismissal for governmental misconduct that prejudices the accused.
• CrR 8.3(c): Allows pretrial dismissal for insufficient evidence when facts are undisputed.
• RCW 9A.04.080: No limitation for murder; 3 years for most felonies; 1 year for misdemeanors.
• CrR 3.3(d)(3): A party must object to a trial date outside speedy trial limits within 10 days of notice or the objection is waived.

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