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 WISCONSIN, CIRCUIT COURT, [________________________________] COUNTY

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 ☐ Criminal Complaint / ☐ Information filed in the above-captioned matter pursuant to Wis. Stat. § 971.31 and applicable law.

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 (Wis. Stat. § 971.10; Wis. Const. Art. I, § 7)
Defendant filed a written demand for speedy trial on [__/__/____] and has not been brought to trial within the statutory period.

☐ C. Statute of Limitations (Wis. Stat. § 939.74)
- ☐ No limitation for Class A felonies (homicide)
- ☐ 6 years for other felonies (§ 939.74(1))
- ☐ 3 years for misdemeanors (§ 939.74(1))

☐ D. Double Jeopardy (U.S. Const. Amend. V; Wis. Const. Art. I, § 8)

☐ E. Due Process Violation (U.S. Const. Amend. XIV; Wis. Const. Art. I, § 8)

☐ F. Defective Charging Instrument (Wis. Stat. § 971.31(2))

☐ G. Prosecutorial Misconduct

IV. LEGAL ARGUMENT

A. Speedy Trial

Under Wis. Stat. § 971.10(2), a defendant who files a proper written demand for speedy trial is entitled to trial within: (a) 90 days if in custody; or (b) the next term of court following the demand or 120 days, whichever is longer, if on bail. Failure to try within the period requires dismissal. State v. Urdahl, 2005 WI App 191, 286 Wis. 2d 476. The demand must be in writing and served on the district attorney.

[________________________________]

B. Statute of Limitations

Under Wis. Stat. § 939.74, prosecution for a Class A felony may be commenced at any time. For other felonies, the limitation is 6 years; for misdemeanors, 3 years. The statute is tolled while the defendant is a fugitive from justice. State v. Beal, 2000 WI 77, 236 Wis. 2d 278.

[________________________________]

C. 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], WI Bar No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Wisconsin [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 District Attorney's Office
[ADDRESS]
[CITY], Wisconsin [ZIP CODE]

Dated: [__/__/____]

________________________________________
[NAME OF DECLARANT]

WISCONSIN-SPECIFIC NOTES

• Wis. Stat. § 971.31: Motions challenging the sufficiency of the complaint/information, jurisdiction, statute of limitations, and double jeopardy must be raised before trial or they are waived.
• Wis. Stat. § 971.10: Speedy trial right is triggered only by a written demand. In-custody: 90 days; on-bail: next term or 120 days.
• Wis. Stat. § 939.74: No limitation for Class A felonies; 6 years for other felonies; 3 years for misdemeanors.
• Wis. Stat. § 971.26: Formal defects in the information that do not prejudice the defendant are not grounds for dismissal.
• Practice Note: Wisconsin uses a complaint-information system. Felony charges begin with a criminal complaint and proceed to an information after a preliminary hearing finding of probable cause.

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