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

IN THE DISTRICT COURT, [________________________________] JUDICIAL DISTRICT

[________________________________] COUNTY, STATE OF WYOMING

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 filed in the above-captioned matter pursuant to W.R.Cr.P. 12, W.R.Cr.P. 48, and/or Wyo. Stat. § 7-1-108.

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 (Wyo. Stat. § 7-1-108; W.R.Cr.P. 48)
Defendant was arraigned on [__/__/____]. More than 180 days have elapsed without trial or other disposition.

☐ C. Statute of Limitations — RARELY AVAILABLE IN WYOMING

The prosecution was commenced beyond an applicable statute of limitations OR the prosecution should be dismissed for unconstitutional pre-indictment / pre-accusation delay under the Due Process Clause.

☐ D. Double Jeopardy (U.S. Const. Amend. V; Wyo. Const. Art. I, § 11)

☐ E. Due Process Violation (U.S. Const. Amend. XIV; Wyo. Const. Art. I, § 6)

☐ F. Defective Charging Instrument (W.R.Cr.P. 12(b))

☐ G. Prosecutorial Misconduct

IV. LEGAL ARGUMENT

A. 180-Day Speedy Trial Rule

Under Wyo. Stat. § 7-1-108, every person charged with a criminal offense shall be brought to trial within 180 days following arraignment, unless extended by the court for good cause. The 180-day period is mandatory. The failure to bring a defendant to trial within this period, absent good cause or excludable time, requires dismissal with prejudice. Eatherton v. State, 810 P.2d 93 (Wyo. 1991); Osborn v. State, 806 P.2d 272 (Wyo. 1991).

[________________________________]

B. Statute of Limitations / Pre-Accusation Delay

Wyoming has NO general criminal statute of limitations. The Wyoming Supreme Court has expressly held that "Wyoming has no statute of limitations for criminal offenses, and prosecution for such offenses may be commenced at any time during the life of the offender." Remmick v. State, 275 P.3d 467, 470 (Wyo. 2012); Ridinger v. State, 2021 WY 4, ¶ 14, 478 P.3d 1160, 1164 (Wyo. 2021). Wyo. Stat. § 1-3-105 is the CIVIL limitations period and is inapplicable to criminal prosecutions. A pure SOL dismissal ground is therefore generally unavailable.

Where an extraordinary delay between alleged offense and charging has caused actual, substantial prejudice to the defense, counsel may instead move to dismiss for unconstitutional pre-indictment/pre-accusation delay under the Due Process Clause. United States v. Lovasco, 431 U.S. 783 (1977); United States v. Marion, 404 U.S. 307 (1971); Wyo. Const. Art. I, § 6.

[________________________________]

C. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss all charges with prejudice pursuant to Wyo. Stat. § 7-1-108;
2. Alternatively, dismiss pursuant to W.R.Cr.P. 48;
3. Order such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], WY Bar No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Wyoming [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 service via [________________________________]

Office of the County and Prosecuting Attorney
[________________________________] County
[ADDRESS]
[CITY], Wyoming [ZIP CODE]

Dated: [__/__/____]

________________________________________
[NAME OF DECLARANT]

WYOMING-SPECIFIC NOTES

• Wyo. Stat. § 7-1-108: 180-day speedy trial rule from date of arraignment. Good cause must be shown for extension. Violation results in dismissal with prejudice.
• W.R.Cr.P. 48: Wyoming uniquely combines dismissal and speedy trial provisions in a single rule. The court may also dismiss for unnecessary delay.
• W.R.Cr.P. 12(b): Defenses including defects in the indictment/information, suppression, and double jeopardy must be raised before trial.
• Statutes of Limitation: Wyoming has NO general criminal statute of limitations for either felonies or misdemeanors. Remmick v. State, 275 P.3d 467, 470 (Wyo. 2012); Ridinger v. State, 2021 WY 4, ¶ 14, 478 P.3d 1160, 1164 (Wyo. 2021). Wyo. Stat. § 1-3-105 is the civil SOL and does not apply to criminal cases. Where prejudicial delay is alleged, consider a Due-Process pre-accusation-delay motion under United States v. Lovasco, 431 U.S. 783 (1977), and United States v. Marion, 404 U.S. 307 (1971).
• Practice Note: Wyoming uses both information and indictment procedures. The County and Prosecuting Attorney handles criminal prosecutions.

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