I need to know what to file to dismiss a case based on lack of evidence

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

I need to know what to file to dismiss a case based on lack of evidence

I had a warrant issued for a crime i did not commit. i voluntarily turned
myself in and cooperated with the investigators. There is no evidence that
proves i am guilty and i provided evidence of my innocence. The da has not
dropped the charges and now my probation that i thought expired in august
has been revoked and a warrant with no bond has been issued. i was told by
my probation officer that if i could get the case dismissed then they would
stop the revocation. i have no money to pay an attorney and was not
provided an indigent defense. i need help please. going to jail at this
point will literally ruin my life/

Asked on October 13, 2018 under Criminal Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can file a motion to dismiss in court, but generally motions to dismiss are NOT granted due to a perceived lack of evidence, since the prosecution has essentially until trial to find, assemble, etc. its evidence. The case would only be dismissed at this stage (assuming the prosecution does not agree to voluntarily dismiss it, which they could) if you could show there was not even "probable cause" to arrest or charge you in the first place. "Probable cause" requires only enough information--not necessarily hard evidence or even (at this point) admissible evidence--as to warrant a belief that you may have committed the crime.
If you want to try filing a motion to dismiss, download the court rules from the internet and go to your court's website--you may be able to find a sample or template motion form.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption