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Motion to Dismiss in Oklahoma


Question: What is a motion to dismiss in Oklahoma?

Answer: A motion to dismiss, you’re not necessarily attacking the evidence, but you’re attacking the case or the entire charge itself. So, you’re not saying, “Exclude evidence,” you’re saying, “Dismiss the case.” A lot of times, a motion to dismiss will be paired with a motion to suppress. So, for example, a lot of times I will file a motion to suppress evidence and then also dismiss, if, for example, I’m attacking all of the evidence in a case. And once all the evidence goes away, automatically the judge would dismiss it as well. It doesn’t have to be that way, though. Sometimes a motion to dismiss stands completely on its own by itself. Examples would be if we had a hearing and the State was not able produce witnesses, then we would just immediately make a motion to dismiss. Or if I felt that my client’s right to a fair and speedy trial had been violated. I don’t need to attack evidence; I say a constitutional right has been violated so dismiss the case. Or if I felt the officer didn’t have jurisdiction to pull over and arrest my client, I would just move immediately to dismiss.

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