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Maverick
Maverick, Attorney
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Experience:  20 years experience as a civil trial and appellate lawyer
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I NEED TO GET A MOTION TO DISMISS FOR LACK OF PROSECUTION A.

Resolved Question:

I NEED TO GET A MOTION TO DISMISS FOR LACK OF PROSECUTION:
A. THE Sullivan County Supreme and County Courts Sullivan County Courthouse 414 Broadway Monticello, NY 12701 Earl Lilley, Chief Clerk CAN NOT LOCATE MY ARREST
CASES #34761 AND 34809 FOR ENDANGERING THE WELFARE OF A CHILD AND RAPE WHICH OCCURRED IN 1969;
B. I ALSO TRIED THE MONTICELLO VILLAGE OF JUSTICE COURT AND THEY COULD NOT LOCATE THE ABOVE CASES.

I PROBABLY NEED A MOTION TO DISMISS FORM AND I WOULD LIKE TO DO THIS PRO SE.

I JUST RECEIVED A POP UP INDICATING THAT THIS QUESTION WAS SENT TO DODGE EXPERTS. THESE EXPERTS ARE MECHANICS NOT LAWYERS
Submitted: 6 years ago.
Category: Legal
Expert:  Maverick replied 6 years ago.

IN THE COURT OF COMMON PLEAS OF

____________ COUNTY, ____________

 

Here is a sample form you can use as a go-by. You will just need to replace the statute of limitations language with language and facts supporting your want of prosecution grounds. Also, there is a link to a sample court order issued on a dismissal for want of prosecution at the bottom of this page that you can use to understand what language may be needed in your motion and proposed order.

 

 

 

 

COMMONWEALTH OF ____________, )

)

v. )

)

JOHN DOE, M.D. )

 

DEFENDANT'S MOTION TO DISMISS COUNTS I-VII, IX AND X FOR VIOLATION OF THE STATUTE OF LIMITATONS

AND NOW COMES the Defendant, John Doe, M.D., by and through his attorneys, and hereby files the following pre-trial motions, stating in support thereof as follows:

The criminal complaint in this case was filed on or about _____.

Pursuant to Title 42, Pa.C.S.A. §5552(b)(2), the statute of limitations for any offense punishable under the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. §780-113(f) and for insurance fraud, 18 Pa.C.S.A. §4117, is five years from the date that the crime was committed.

Counts I and II of the information charge continuing offenses involving the delivery of controlled substances beginning in _____. Pursuant to the applicable statute of limitations, prosecution for any delivery of controlled substances which occurred prior to _____ is barred by the statute of limitations.

Neither the delivery or controlled substances nor insurance fraud are considered "continuing offenses" for statute of limitations purposes.

Similarly, with respect to Counts III, IV, V, VI, VII, IX, and X, all of which allege criminal conduct beginning in either "_____" or on "_____," the statute of limitations bars prosecution of any conduct which occurred prior to _____. Therefore, those events should also be quashed.

 

Respectfully submitted,

_________________________

 

http://www.docstoc.com/docs/7107124/Motion-To-Dismiss-For-Want-Of-Prosecution

 

 

 

 

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This information is provided so you may better discuss legal issues with your attorney. Consult a local attorney for legal advice before acting. You may be able to find an attorney in your area to further assist you at http://www.martindale.com/ or at http://www.lawyers.com/ .

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