C4 Motion to Dismiss

Criminal offenses are rarely as black and white as the media makes them out to be. When we see crime depicted in film or on the news, the police have often already come up with their version of the events and their justification of the arrest. Even though we live in a country with a constitution that states we are all innocent until proven guilty, it can often seem like the opposite is really the truth. Criminal laws are needlessly complicated and it is rare that police officers actually understand the laws that they arrest people for breaking.

Many people charged with a crime for the first time can feel overwhelmed. The system as a whole can feel like it is designed to make you feel like you are guilty before your case ever gets to a trial. Prosecutors pressure defendants to plead guilty, and judges can sometimes make it seem like that is the only option available to you. All of the players in the criminal justice system have a bias toward resolving cases instead of actually litigating them. In order to avoid being bullied into a plea, you should consult with a skilled Sarasota criminal defense lawyer who will fight for the best possible result instead of pressuring you into a resolution.

One of the tools available to defendants to litigate their cases is the Motion to Dismiss. The most common motion to dismiss is referred to as a C4 motion, because the motion is created under Florida Rule of Criminal Procedure 3.190 (c)4. Under the rule, if the material facts of the case are not in dispute, that is, if the defense and prosecution can agree on all of the important facts of the case, then the defense can file a motion to dismiss and request that the judge make a ruling based only on the law. When a case goes to trial, the judge or jury are burdened with the job of deciding what the facts of the case are as well as how those facts apply to the law in the case. In the case of a C4 motion, the facts are simply decided by the parties and the judge is free to decide if the law applies to those facts or not.

The fact that C4 motions to dismiss even exist can tell you a lot about the criminal justice system. The C4 motion to dismiss contemplates a circumstance where all of the facts are agreed upon by the parties, but at the same time, the parties cannot agree whether or not those facts actually constitute the commission of a crime. This circumstance is indicative of the fact that criminal laws and statutes have grown exceedingly complicated and difficult to understand. When even lawyers cannot agree if a set of facts constitute a crime, how can the government expect a lay person to understand if what they are doing is a crime or not. The absurdity of the criminal justice system necessitates that you find a skilled Sarasota criminal lawyer if you are charged with a crime in this jurisdiction.

The attorneys at Hanlon law have years of experience litigating all manners of motions before courts throughout the state of Florida. We pride ourselves on our ability to identify legal issues in each case and attack those issues for the benefit of our clients. Our reputation for achieving excellent results for our clients speaks for itself. And our reputation of working hard from case filing to trial helps intimidate the prosecution into doing what we ask for our clients. If you would like us to put in the work on your case, call us today for a consultation at 941.462.1789.