Can a motion to dismiss a probation violation be filed?

See, e.g., State v. Black, 197 N.C. App. 373, 374 (2009) (“Defendant filed a motion to dismiss the probation violation charge and argued the court was without jurisdiction . . . .”). Violations not found by the court are styled as “dismissals” on the modification and revocation forms that result from the hearing, and coded as such in the computer.

How to file a motion to dismiss in Florida?

an arrest warrant must be filed and served or a warrantless arrest or notice to appear must issue under Florida Statute Section 901.02. The first issue your criminal defense attorney has to determine in any VOP case is whether the court still has jurisdiction to decide the violation of probation and impose a new sentence.

Are there statements of fact in a motion to dismiss?

With the very important exception of motions to dismiss for failure to state a claim, Statements of Fact in motions to dismiss are not very important. Under the Federal Rules, the court must assume the allegations in the complaint are true.

Can a defendant file a motion to dismiss on insufficient evidence?

Pursuant to G.S. 15A-1227, the defendant may make a motion to dismiss the case on the grounds that there is insufficient evidence to sustain a conviction.

See, e.g., State v. Black, 197 N.C. App. 373, 374 (2009) (“Defendant filed a motion to dismiss the probation violation charge and argued the court was without jurisdiction . . . .”). Violations not found by the court are styled as “dismissals” on the modification and revocation forms that result from the hearing, and coded as such in the computer.

When does a defendant file a motion to dismiss?

In general, the party that most often files a motion to dismiss is the defendant to the lawsuit. Commonly, defendants will file motions to dismiss in the early stages of a case. Plaintiffs may file a motion to dismiss when they have reached a settlement, when there is a procedural defect, or when they want to voluntarily withdraw their claims.

Can a probation officer oppose an early termination motion?

Motions and briefs filed in court must comply with the state and local court rules. The prosecutor or probation officer may oppose early termination and file a brief response, arguing against the motion. At the time of the hearing, the prosecutor may appear and argue against the motion.

Can you file a motion for early discharge of probation?

It is possible to file a Motion for Early Discharge of Probation and win! Although most judges are reluctant to grant an early termination of probation, a persuasive and credible motion can give the defendant an excellent chance of winning early discharge.