The following form is a Motion that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Suffolk New York Motion to Dismiss for Misconduct of Police
Category:
State:
Multi-State
County:
Suffolk
Control #:
US-02615BG
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion To Dismiss For Misconduct Of Police?
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FAQ
The right to a preliminary investigation is not a fundamental right and may be waived expressly or by silence. Failure of accused to invoke his right to a preliminary investigation constituted a waiver of such right and any irregularity that attended it.
Preliminary investigation is the proceeding where the public prosecutor is given broad discretion to determine whether probable cause exists for the purpose of filing a criminal information in court. This is an executive determination of probable cause.
The defect stated can be with regard to stating the offence or other particulars required to be stated in the charge and omission to state the offence or to any of those particulars at any stage. There are five illustrations to this provision as well. Charges are usually framed by Magistrate.
Under the Revised Rules, only the following grounds may be raised as grounds for a Motion to Dismiss: (a) lack of jurisdiction over the subject matter; (b) pendency of action between the same parties for the same cause; and (c) cause of action is barred by prior judgment or by the statute of limitations.
Charge sheet refers the legal document produced before the Court of law alleging that a particular person has committed an offence or offences. It is used to commence criminal cases in the Court of law. It is sometimes known as an information which is a legal document for commencing criminal cases in the High Court.
A defective will is one that has not been properly drawn up, has been obtained by unlawful means, or does not comply with a particular law. In some cases, however, defects can be cured; for example, defective service of process can be cured by the service of an amended complaint.
The object of the charge is to give an accused notice of the matter he is charged with. That does not touch jurisdiction. If the necessary information is conveyed to him and no prejudice is caused to him because of the charges, the accused cannot succeed by merely showing that the charges framed were defective.
The preliminary investigation is the police agency's first response to a report that a crime has occurred. As in every investigative effort, the primary objective of the preliminary investigation is to determine who committed the crime and to apprehend the offender.
The test. If it appears to the judge that the evidence against the defendant would not be sufficient for a jury properly to convict him, he must dismiss the charge.
When the insignificant technical defects do not affect or prejudice the outcome, then the convict/ accused cannot defend on the ground that there were defects in the charges. So, in few cases the defective charge necessarily fatal to convictions, and sometime its presence does not affect.