What Motion to Dismiss Should Be Filed for a 2015 Misdemeanor Drug Charge in California?

Question from F Sakes, What Motion to Dismiss Should Be Filed for a 2015 Misdemeanor Drug Charge in California?

Answer from AI:

If you are facing a misdemeanor possession of a controlled substance charge from 2015 that is going to trial in June 2024, there are several motions to dismiss that you might consider filing in a California court. Below are some common motions that could be relevant to your situation:

1. Motion to Dismiss for Violation of the Right to a Speedy Trial

Under the Sixth Amendment of the U.S. Constitution and Article I, Section 15 of the California Constitution, you have the right to a speedy trial. If there has been an unreasonable delay in bringing your case to trial, you may file a motion to dismiss based on this ground.

• Legal Basis: California Penal Code Section 1382 outlines the time limits for bringing a defendant to trial. For misdemeanors, the trial should commence within 30 days if the defendant is in custody, or within 45 days if the defendant is not in custody, from the date of arraignment or plea.
• Case Law: In Barker v. Wingo, 407 U.S. 514 (1972), the U.S. Supreme Court established a balancing test to determine whether a defendant’s right to a speedy trial has been violated.

2. Motion to Dismiss for Lack of Prosecution

If the prosecution has failed to diligently pursue the case, you may file a motion to dismiss for lack of prosecution.

• Legal Basis: California Penal Code Section 1385 allows a judge to dismiss a case in the interest of justice, which can include lack of prosecution.
• Case Law: In People v. Orin, 13 Cal.3d 937 (1975), the California Supreme Court held that a judge has the discretion to dismiss a case in the interest of justice.

3. Motion to Dismiss for Insufficient Evidence

If there is insufficient evidence to support the charge, you may file a motion to dismiss on these grounds.

• Legal Basis: California Penal Code Section 995 allows a defendant to file a motion to set aside the information or indictment if there is insufficient evidence to hold the defendant to answer.
• Case Law: In People v. Superior Court (Sparks), 48 Cal.4th 1 (2010), the California Supreme Court discussed the standards for evaluating a motion to dismiss for insufficient evidence.

4. Motion to Dismiss for Statute of Limitations

The statute of limitations for a misdemeanor in California is generally one year. If the charge was not filed within this period, you may file a motion to dismiss based on the statute of limitations.

• Legal Basis: California Penal Code Section 802 sets the statute of limitations for misdemeanors at one year.
• Case Law: In People v. Zamora, 18 Cal.3d 538 (1976), the California Supreme Court discussed the application of the statute of limitations in criminal cases.

When to Consult a Legal Professional

Given the complexity of these legal issues, it is crucial to consult with a legal professional who can provide personalized advice based on the specifics of your case. A qualified attorney can help you determine the most appropriate motion to file and guide you through the legal process.

Additional Resources

For more information, you can refer to the following resources:

• California Penal Code
• California Courts Self-Help Center

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Always consult with a legal professional for guidance tailored to your specific situation.