![]() ![]() However, the judge is not allowed to use the same discretion in reviewing a pretrial motion that the jury will use at trial. At trial, if the jury has any reasonable doubt as to whether you committed a crime, they are required to acquit you. This means that if someone says you did something, the judge is obligated to believe them when determining a motion to dismiss for probable cause.Īt trial, on the other hand, things are dramatically different. In considering a pretrial motion to dismiss for lack of probable cause, the judge is REQUIRED to consider the evidence presented IN THE LIGHT MOST FAVORABLE TO THE PROSECUTION. The standard for such a motion is dramatically different than the standard a jury will use at trial. ![]() This is the important thing that your attorney is trying to get through to you. If you do decide to play lawyer, first do some research on the standard of review for a motion to dismiss for lack of probable cause. This is true even if you have significant skill as a litigator. You will almost certainly lose your motion to dismiss and when you get to trial, you will be severely hampered by the practical difficulties in presenting a case where you are both lawyer and client. In April, 2016, the defendant filed a motion for reconsideration of his motion to dismiss he argued that the denial of his motion resulted in a violation of substantive due process. That motion was denied in March, 2016, by a third Superior Court judge. Such a decision is not in the least reasonable and will almost certainly turn out poorly for you. In July, 2015, the defendant again moved to dismiss the indictments. ![]() You have the right to fire your attorney and represent yourself at any time. ![]()
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