Motion to Dismiss (Criminal) - Wyoming

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 / CIRCUIT] COURT OF THE [________________________________] 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 / ☐ Citation filed in the above-captioned matter pursuant to W.R.Cr.P. 12 and/or W.R.Cr.P. 48.

II. STATEMENT OF FACTS

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

[________________________________]

III. GROUNDS FOR DISMISSAL

☐ A. Ground capable of determination without trial of the general issue (W.R.Cr.P. 12(b)): [________________________________]

☐ B. Speedy Trial Violation (W.R.Cr.P. 48(b))
Defendant was arraigned on [__/__/____]. Trial has not begun. [____] days have elapsed; after [____] days excluded under Rule 48(b)(3) and any authorized continuances under Rule 48(b)(4), the Rule 48 deadline expired on [__/__/____].

☐ C. Unconstitutional Pre-Accusation Delay (Due Process)

The State intentionally delayed charging to gain a tactical advantage: [________________________________]. The delay actually and substantially prejudiced the defense by [IDENTIFY LOST WITNESS, EXHIBIT, OR OTHER EVIDENCE AND ITS LIKELY EFFECT]: [________________________________].

☐ 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

W.R.Cr.P. 48(b)(2) sets a 180-day period following arraignment, subject to the exclusions in Rule 48(b)(3) and continuances allowed by Rule 48(b)(4). A case not tried or continued as the rule provides must be dismissed under Rule 48(b)(5). Under Rule 48(b)(7), that dismissal bars a new prosecution for the same offense only if Defendant made a written speedy-trial demand or can demonstrate prejudice from the delay. Defendant ☐ made a written demand on [__/__/____], attached as Exhibit [____]; ☐ suffered the following prejudice from the delay: [________________________________].

[________________________________]

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.

For a Wyoming pre-accusation delay claim, Defendant must establish both actual prejudice to the defense and that the State intentionally delayed charging to gain a tactical advantage. Remmick v. State, 2012 WY 57, ¶¶ 15–17, 275 P.3d 467, 470–71 (Wyo. 2012); Ridinger v. State, 2021 WY 4, ¶ 14, 478 P.3d 1160, 1164 (Wyo. 2021). Proof of prejudice alone does not establish a federal due process violation; the reason for delay also matters, and good-faith investigative delay does not by itself violate due process. United States v. Lovasco, 431 U.S. 783, 789–90, 796 (1977); United States v. Marion, 404 U.S. 307, 324–26 (1971); Wyo. Const. art. I, § 6.

[________________________________]

C. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss the charge on the selected ground(s) stated above;
2. If dismissal is under W.R.Cr.P. 48(b)(5), bar a new prosecution for the same offense under Rule 48(b)(7) if the Court finds a written speedy-trial demand or prejudice from the delay;
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 [________________________________]

[PROSECUTOR'S OFFICE / COUNSEL OF RECORD]
[________________________________] County
[ADDRESS]
[CITY], Wyoming [ZIP CODE]

Dated: [__/__/____]

________________________________________
[NAME OF DECLARANT]

WYOMING-SPECIFIC NOTES

• W.R.Cr.P. 48(b): The 180-day period runs from arraignment, subject to the rule's exclusions and authorized continuances. Dismissal under this rule does not bar renewed prosecution for the same offense unless the defendant made a written speedy-trial demand or demonstrates prejudice from the delay.
• W.R.Cr.P. 12(b): The rule permits pretrial motions on issues capable of decision without trial of the general issue and specifically requires pretrial presentation of the listed institution, charging-instrument, suppression, discovery, and severance issues.
• Statutes of Limitation: Wyoming has no general criminal statute of limitations. 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 governs civil actions, not criminal prosecutions. A Wyoming due process claim for pre-accusation delay requires both actual prejudice and intentional delay to gain a tactical advantage.
• Practice Note: Select the court shown on the charging instrument; district courts hear felonies and circuit courts hear misdemeanors. Wyoming uses both information and indictment procedures.

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