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 ____________, )
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.
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