What is a Motion to Dismiss in a Massachusetts Criminal Case?

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Motion to Dismiss - here, we’re asking the court to dismiss one or all of the charges against you. Hearings on Motions to Dismiss can be evidentiary, where live testimony is taken from witnesses. Or they can be non-evidentiary. These types of hearings are called DiBennedetto, or four-corners hearings. In such a motion, we’re saying that there isn’t sufficient probable cause in the police report for your case to proceed.

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How often do you file motions to dismiss in a criminal case and how often are those motions granted?

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