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

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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has been revoked and a warrant with no bond has been issued.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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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