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When in a court trial do I ask the judge for a motion ...
Sent to Legal Experts June 09 08:33 PM

When in a court trial do I ask the judge for a motion to dismiss?
Also can when do I ask or can I sue someone for defimation of characture if I feel I have done no wronge. (Im accussed of stalking and I dont know the 1st thing about this person, we just bumped into each other alot in my small town)

 

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augusta , United States

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just starting out but dont want to spend alot on lawyers fees.

Customer (name blocked for privacy)
Answer
June 9 8:38 PM (5 minutes and 18 seconds later)
         
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In a criminal proceeding, you may file a Motion (usually before a pretrial hearing) to ask the court to dismiiss the case as lacking in probable cause. If that is denied, you move to trial.

At trial, you impanel a jury and go through jury selection. If you opt for a trial to the court, there is no jury. There may be short opening statements. Then, the prosecution proceeds first caling their witnesses and presenting their evidence. When the prosecution rests, if you do not believe the prosecutor has made their case, you ask for a directed verdict. If denied, you proceed with your case by calling your witnesses and presenting your evidence. At the end, each party makes a closing argument and the Judge or the Jury decides the case.

You do not ask to file a Motion for defamation. That is a civil lawsuit and has nothing to do with the criminal proceedings. You may file sich a civil lawsuit at any time if you feel your case is strong enough to do so.

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Edited by Lawmoe on June 9 2007 at 8:39 PM



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June 9 8:46 PM (8 minutes later)
         
Reply to Lawmoe's Post: This case is only a summonds to court to tell the judge my side of it. Its not a trial. Again, I dont even know the 1st thing about this person but can I or do I still file a motion to dismiss before the June 19th court date?
Answer
June 9 8:50 PM (4 minutes and 5 seconds later)
         
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I am afraid that you may misunderstand the process. You do not get summons to court to tell the Judge your side of it. If you are summons to court, you appear at an arraignment to be infomrmed of the charges against you and to enter a plea. After that a pretrial hearing is scheduled. At that hearing you may be ring motions to challenge probable cause or other evidence. If you still deny the charges or are unable to reach an agreement with the prosecutor, the matter moves toward a trial.

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The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state
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